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ELECTION  LAWS 


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WEST  VIRGINIA 

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"REGISTRATION  ACT'  OF  1911 

AS  AMENDED  IN  1913 
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CORRUPT  PRACTICES  ACT"  OF  1908 


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Reprint  of  Laws  Relating  to  Elections. 


This  reprint  of  those  chapters  and  sections  of  the  Code  and  Acts  of 
West  Virginia,  now  in  force,  which  relate  to  the  holding  of  elections,  does 
not  purport  to  embrace  all  the  enactments  and  decisions  bearing  upon  con- 
tests and  other  subjects  more  or  less  remotely  connected  with  elections. 
It  does  however  aim  to  present  all  the  sections  that  have  special  reference 
to  the  duties  of  commissioners,  poll  clerks,  challengers,  registrars,  ballot 
commissioners  and  voters.  The  Corrupt  Practices  Act  of  1908  and  the 
Registration  Law  of  1911  as  amended  in  1913  are  printed  in  full. 


Secretary  of  State 


Charleston,  W.  Va. 
Sept.  30,  1914. 


CONSTITUTION  OF  WEST  VIRGINIA 

PER  PAINING  TO  ELECTIONS  AND  OFFICERS 

ARTICLE  IV. 
Elections  and  Officers. 

1.  The  male  citizens  of  the  State  shall  be  entitled  to  vote  at  all  elec- 
tions held  within  the  counties  in  which  they  respectively  reside;  but  no 
person  who  is  a  minor  or  of  unsound  mind,  or  a  pauper,  or  who  is  under 
conviction  of  treason,  felony,  or  bribery  in  an  election,  or  who  has  not  been 
a  resident  of  the  State  for  one  year,  and  of  the  county  in  which  he  offers 
to  vote,  sixty  days  next  preceding  such  offer,  shall  be  permitted  to  vote 
while  such  disability  continues;  but  no  person  in  the  military,  naval  or 
marine  service  of  the  United  States  shall  be  deemed  a  resident  of  this  State 
by  reason  of  being  stationed  therein. 

2.  rn  all  elections  by  the  people  the  mode  of  voting  shall  be  by  ballot; 
but  the  voter  shall  be  left  free  to  vote  by  either  open,  sealed  or  secret 
ballot,  as  he  may  select 

3.  No  voter,  during  the  continuance  of  an  election  at  which  he  was  en- 
titled to  vote,  or  during  the  time  necessary  and  convenient  for  going  to 
and  returning  from  the  same,  shall  be  subject  to  arrest  upon  civil  pro- 
cess, or  be  compelled  to  attend  any  court,  or  judicial  proceeding,  as  suitor, 
juror  or  witness;  or  to  work  upon  the  public  roads;  or,  except  in  time  of 
war  or  public  danger,  to  render  military  service. 

7.  (As  amended — See  Acts  1883,  p.  137.) — The  general  elections  of 
State  and  county  officers  and  of  members  of  the  legislature,  shall  be  held 
on  the  Tuesday  next  after  the  first  Monday  in  November,  until  otherwise 
provided  by  law.  The  terms  of  such  officers,  not  elected,  or  appointed  to 
fill  a  vacancy,  shall,  unless  herein  otherwise  provided,  begin  on  the  first 
day  of  January;  and  of  the  members  of  the  legislature,  on  the  first  day  of 
December  next  succeeding  their  election.  Elections  to  fill  vacancies,  shall 
be  for  the  unexpired  term.  When  vacancies  occur  prior  to  any  general 
election,  they  shall  be  filled  by  appointment,  in  such  manner  as  may  be 
prescribed  herein,  or  by  general  law,  which  appointments  shall  expire  at 
such  time  after  the  next  general  election  as  the  person  so  elected  to  fill 
such  vacancy  shall  be  qualified. 

10.  Any  citizen  of  this  State,  who  shall,  after  the  adoption  of  this  Con- 
stitution, either  in,  or  out  of  the  State,  fight  a  duel  with  deadly  weapons, 
or  send  or  accept  a  challenge  so  to  do,  or  who  shall  act  as  a  second  or 
knowingly  aid,  or  assist  in  such  duel,  shall,  ever  thereafter,  be  incapable 
of  holding  any  office  of  honor,  trust  or  profit  in  this  State. 

11.  The  Legislature  shall  prescribe  the  manner  of  conducting  and  mak- 
ing returns  of  elections,  and  of  determining  contested  elections;  and  shall 


2^:i/RA 


ELCCiTIONgi  B7  THE  PEOPLE. 


pass  such  laws  as  may  be  necessary  and  proper  to  prevent  intimidation, 
disorder  or  violence  at  the  polls,  and  corruption  or  fraud  in  voting,  count- 
ing the  vote,  ascertaining  or  declaring  the  result  or  fraud  in  any  manner, 
upon  the  ballot. 

12.     The  Legislature  shall  enact  proper  laws  for  the  registration  of  all 
qualified  voters  in  this  State.— (Amendment  Adopted  1902.) 


CHAPTER  3,  CODE 

ELECTIONS  BY  THE  PEOPLE  FOR  STATE,  DISTRICT,  COUNTY  AND 

OTHER  OFFICERS. 

General  Elections — When  Held. 

1.  The  general  election  for  State,  district,  county  and  other  officers  here- 
inafter named,  excepting  municipal  elections,  shall  be  held  on  the  Tuesday- 
next  after  the  first  Monday  in  November,  until  otherwise  provided  by  law. 

Offlcers  to  he  Elected,  and  When. 

2.  At  the  said  election  in  the  year  one  thousand  nine  hundred  and  four, 
and  every  second  year  thereafter,  there  shall  be  elected  delegates  to  the 
legislature,  a  senator  for  each  senatorial  district,  and  a  commissioner  of 
the  county  court.  And  in  the  year  one  thousand  nine  hundred  and  four, 
and  in  every  fourth  year  thereafter,  a  governor,  secretary  of  state,  state 
superintendent  of  free  schools,  treasurer,  auditor  and  attorney  general  for 
the  state;  (*)  a  prosecuting  attorney,  surveyor  of  lands,  sheriff,  the  number 
of  assessors  prescribed  by  law  for  each  county,  and  the  number  of  justices 
and  constables  in  each  magisterial  district  in  the  county,  to  which  such 
district  is  entitled  by  law,  to  be  from  time  to  time  ascertained  and  entered 
of  record  by  the  county  court.  And  in  the  year  one  thousand  nine  hundred 
and  eight,  and  in  every  sixth  year  thereafter,  a  clerk  of  the  circuit  court 
and  a  clerk  of  the  county  court.  And  in  the  year  one  thousand  nine 
hundred  and  four,  and  every  eighth  year  thereafter,  one  judge  of  every 
judicial  circuit,  except  the  first,  and  for  the  first  circuit,  two  judges.  And 
in  the  year  one  thousand  nine  hundred  and  four,  and  in  every  twelfth  year 
thereafter  two  judges  of  the  supreme  court  of  appeals;  and  in  the  year 
one  thousand  nine  hundred  and  eight  and  in  every  twelfth  year  thereafter, 
one  judge  of  the  supreme  court  of  appeals;  and  in  the  year  one  thousand 
nine  hundred  and  twelve  and  in  every  twelfth  year  thereafter,  two  judges 
of  the  supreme  court  of  appeals. 

3.  Elctors  of  president  and  vice-president  of  the  United  States  shall  be 
chosen  by  the  voters  of  the  State  at  the  elections  to  be  held  for  the  purpose 
on  the  Tuesday  next  after  the  first  Monday  in  November  in  the  year  one 
thousand  eight  hundred  and  ninety-two  and  every  fourth  year  thereafter, 
and  at  least  sixty  days  before  every  such  election,  the  governor  by  procla- 
mation published  in  some  newspaper  in  every  county  where  a  newspaper 
is  printed,  shall  give  notice  of  the  time  of  such  election,  and  the  number 
of  electors  to  be  chosen.     And  on  the  Tuesday  next  after  the  first  Monday 


•Election  of  commissioner  of  Agriculture  authorized — Acts  1911,.  C  35,   §  2. 


Elections  by  the  People. 


in  November,  one  thousand  eight  hundred  and  ninety-two  and  in  every 
second  year  thereafter  or  until  the  congress  of  the  United  States  shall 
otherwise  provide,  there  shall  be  elected  a  representative  in  the  congress 
of  the  United  States,  for  the  term  beginning  on  the  fourth  day  of  March 
next  after  the  election,  for  every  congressional  district. 

Magisterial  Districts. 

4.  Each  county  shall  be  laid  off  by  the  county  court  into  magisterial 
districts  not  less  than  three  nor  more  than  ten  in  number  and  as  nearly 
equal  as  may  be  in  territory  and  population.  There  shall  be  elected  in 
each  of  said  districts  containing  a  population  of  not  exceeding  twelve 
hundred,  one  justice  of  the  p-eace  and  one  constable;  and,  if  the  population 
of  any  such  district  exceed  that  number,  two  justices  and  two  constables 
shall  be  elected  therein.  Such  districts,  as  they  now  exist  in  each  county, 
shall  remain  until  changed  by  the  county  court.  The  county  court  may, 
from  time  to  time,  increase  or  diminish  the  number  of  such  districts, 
change  the  boundary  lines  thereof,  as  necessity  may  require,  in  order  to 
conform  the  same  to  the  provisions  of  the  constitution  of  the  State.  But 
before  such  districts  shall  be  increased,  or  diminished,  or  the  boundary 
lines  thereof  chang  i,  the  said  court  shall  cause  a  notice  of  its  intention 
to  do  so  to  be  posted  on  the  front  door  of  the  court  house  of  the  county 
and  at  some  public  place  in  each  district  affected  thereby,  for  at  least 
thirty  days  prior  to  the  term  of  the  court  at  which  such  action  is  proposed 
to  be  taken.  The  words  "county  court"  shall  be  construed  to  include  every 
tribunal  in  lieu  thereof,  created  under  the  provisions  of  section  twenty- 
nine,  article  eight  of  the  State  constitution. 

Election  Precincts. 

5.  The  county  court  of  each  county  in  this  state  shall,  at  their  first 
session  after  the  taking  effect  of  this  act,  divide  the  magisterial  districts 
of  their  respective  counties  into  election  precincts,  number  the  same, 
establish  the  boundaries  thereof,  and  designate  at  least  one  place  of  hold- 
ing elections  in  each  magisterial  district.  Every  magisterial  district,  in 
which  only  one  place  of  holding  elections  is  designated,  shall  constitute 
a  precinct.  There  shall  be  but  one  voting  place  in  a  precinct,  which  shall 
be  established  as  near  as  possible  at  the  place  most  convenient  for  the 
voters  of  the  preciixct.  Each  precinct  shall  contain  as  nearly  as  prac- 
ticable, two  hundred  electors,  based  on  the  number  of  votes  cast  at  the 
last  election  for  presidential  electors;  but  no  precinct  shall  contain  more 
than  two  hundred  and  fifty  electors.  If  at  any  election  hereafter  two 
hundred  and  fifty  or  more  votes  shall  be  cast  at  any  voting  place,  it  shall 
be  the  duty  of  the  county  court  to,  and  it  shall  at  its  next  regular  meeting 
after  such  election,  divide  such  precinct  as  equally  as  possible,  so  that  the 
new  precinct  formed  thereof,  or  in  part  thereof,  shall  each  contain  two 
hundred  electors,  as  nearly  as  practicable;  but  no  precinct  shall  contain 
more  than  two  hundred  and  fifty  electors.     If  such  county  court  fail  to 


6  Elections  by  the  People. 

act  as  herein  directed,  any  qualified  voter  of  the  county  may  apply  for  a 
writ  of  mandamus  to  compel  a  performance  of  this  duty. 

6.  The  county  court  of  any  county  may  change  the  boundaries  of  any 
precinct  within  such  county  or  divide  any  precinct  into  two  or  more  pre- 
cincts or  consolidate  two  or  more  precincts  into  one,  or  change  any  place 
of  holding  elections,  whenever  public  convenience  or  the  public  good  may 
require  it.  And  if  by  reason  of  the  destruction  of  the  house  or 
structure  at  which  a  precinct  election  has  been  established  or  if  for  any 
other  reason  the  election  cannot  be  held  thereat,  and  no  provision  has  been 
made  by  the  county  court  for  holding  the  election  at  another  place  the 
commissioners  of  election  at  such  place  may  hold  the  election  at  the  place 
nearest  thereto  which  they  can  secure  for  the  purpose;  and  in  such  case 
they  shall  make  known  by  proclamation  to  the  voters  assembled  at  such 
first  named  place  of  voting,  the  place  at  which  the  election  will  be 
held.  And  the  county  court  shall,  in  such  case,  establish  another  place  of 
voting  for  said  precinct  as  soon  thereafter  as  practicable. 

Provided,  That  no  precinct  shall  be  so  enlarged  as  to  contain  more  than 
250  electors;  and  provided,  further,  that  no  such  change,  division  or  con- 
solidation shall  be  made  by  the  county  court  within  ninety  days  next 
preceding  an  election,  and  provided  further,  that  no  such  change,  division 
or  consolidation  shall  be  valid  without  giving  due  notice,  at  least  one 
month  before  any  election,  by  publication  in  two  newspapers  published  in 
said  county,  if  such  there  be,  representing  the  two  political  parties  which 
cast  the  highest  number  of  votes  in  the  State  at  the  last  preceding  general 
election  and  by  posters  put  up  in  four  of  the  most  public  places  in  each 
precinct  affected  thereby. 

The  county  court  shall  keep  in  a  well  bound  book,  marked  "election 
precinct  record,"  a  complete  record  of  all  their  proceedings  in  this  and  the 
next  preceding  section,  and  every  order  entered  creating  a  precinct  or 
precincts  or  establishing  a  place  of  voting  therein.  Said  court  shall,  with- 
in ten  days  from  the  date  of  such  order,  cause  to  be  published  in  two 
newspapers,  if  such  there  be,  representing  the  parties  casting  the  highest 
number  of  votes  in  the  county  at  the  last  election  of  presidential  electors 
and  posted  at  the  front  door  of  the  court  house. 

Said  "election  precinct  record"  shall  be  kept  by  the  circuit  court  clerk 
in  his  office  and  shall,  at  all  reasonable  hours,  when  not  actually  in  use  by 
the  county  court,  be  subject  to  inspection  by  any  citizen  of  the  county. 

Commissioners  of  Election. 

7.  The  county  court  of  every  county  shall  hold  a  regular  or  special 
session  at  the  court  house  of  their  county,  on  the  first  Tuesday  of  the 
month  next  preceding  the  month  in  which  any  election  is  to  be  held,  and 
shall  appoint  three  qualified  voters  as  commissioners  of  election  for  each 
precinct  in  their  county. 

Said  commissijoners  shall  be  persons  of  good  standing  and  character  and 
not  addicted  to  drunkenness!  They  shall  be  selected  from  the  two  political 
parties  which  at  the  last  preceding  election  cast  the  highest  number  of 
rotes  in  the  magisterial  district  in  which  the  election  is  about  to  be  held. 


Elections  by  the  People. 


and  not  more  than  two  of  them  shall  belong  to  the  same  political  party. 
But  if  at  any  time  during  said  session,  the  county  executive  committee  of 
either  political  party  from  which  said  commissioners  of  election  are  to  be 
selected  or  appointed,  as  is  hereinafter  provided  for,  shall  present  to  the 
said  court  a  writing  signed  by  them,  or  by  the  chairman  of  said  committee 
on  their  behalf,  requests  the  appointment  of  a  qualified  voter  of  their 
political  party,  and  who  is  otherwise  qualified  to  act  as  such  under  the 
provisions  of  this  section,  it  shall  be  the  duty  of  the  court  to  appoint  the 
person  named  in  such  writing  as  such  commissioner.  Every  writing  so 
presented  shall  be  filed,  preserved  and  kept  by  the  clerk  of  said  court  in 
his  office.  And  if  it  shall  appear  that  the  said  writing  was  a  forgery,  and 
that  it  was  forged  by  the  person  presenting  the  same  to  the  court,  or  that 
he  presented  the  same  to  the  court  knowing  it  to  be  forged,  such  person 
shall  be  deemed  guilty  of  the  forgery  thereof,  and,  upon  conviction  thereof,, 
shall  be  confined  in  the  penitentiary  not  less  than  one  nor  more  than  five 
years,  or  at  the  discretion  of  the  court,  he  may  be  fined  not  less  than  one 
hundred  dollars,  nor  more  than  five  hundred  dollars,  and  confined  in  the 
county  jail  not  less  than  three  nor  more  than  six  months. 

No  person  shall  be  eligible  to  appointment  as  a  commissioner  of  elec- 
tions, or  in  any  way  to  act  as  such,  who  has  anything  of  value  bet  or 
wagered  on  the  resu^'  of  such  election,  or  who  is  a  candidate  to  be  voted 
for  at  such  election. 

If  any  of  the  commissioners  of  election  shall  fail  to  appear  at  the  hour 
appointed  for  the  opening  of  the  polls,  the  remainder  of  the  commissioners 
may  select  a  member  of  his  political  party  to  serve  in  his  stead.  But  if 
the  qualified  voters  of  his  party  present  at  the  polls  shall  nominate  a  voter 
of  his  party,  qualified  to  act  under  the  provisions  of  this  section,  such 
nominee  shall  be  appointed. 

If  none  of  the  commissioners  of  election  shall  appear  at  the  hour  ap- 
pointed for  opening  the  polls,  the  qualified  voters  present  being  at  least 
ten  in  number,  shall  elect  three  commissioners  of  election  to  act  in  their 
stead,  by  a  viva  voce  vote,  not  more  than  two  of  whom  shall  belong  to  or 
be  elected  by  the  same  political  party,  as  herein  provided  for. 

The  commissioners  of  election  acting  at  any  such  precinct  election  shall 
have  power  and  authority  to  administer  oaths,  and  to  take  and  certify 
affidavits  in  relation  to  any  matter  or  thing  required  or  permitted  to  be 
done  by  any  of  the  provisions  of  this  act  and  the  making  of  any  such  oath 
or  affidavit  by  any  person  falsely,  shall  be  perjury,  and  the  party  guilty 
thereof  may  be  indicted,  convicted  thereof  and  punished  therefor,  as  in 
other  cases  of  perjury. 

Poll  Clerks. 

8.  The  commissioners  of  election  of  each  precinct  in  their  district  shall 
appoint  two  poll  clerks,  one  from  each  of  the  political  parties  which  cast 
the  largest  number  of  votes  at  the  last  preceding  general  election  in  the 
State,  and  who  are  qualified  voters  of  their  district.  But  if  the  voters  of 
either  of  said  parties  present  at  the  election  shall  nominate,  by  viva  voce 
vote  a  qualified  voter  of  their  party  to  act  as  poll  clerk,  such  nominee  shall 


Elections  by  the  People. 


be  appointed.  And  in  case  a  dispute  shall  arise  as  to  the  nomination  so 
made,  the  commissioner  or  commissioners  of  election  of  the  party  to  which 
such  nominee  belongs  shall  appoint  such  poll  clerk.  But  no  person  shall 
be  appointed  a  commissioner  of  election  or  poll  clerk  who  has  in  his  em- 
ploy, or  who  as  agent  or  superintendent  has  under  his  control  or  manage- 
ment, ten  employes  who  are  legal  voters. 

Poll  Books. 

9.  The  clerk  of  the  county  court  shall  at  the  expense  of  the  CM)unty, 
provide,  and  cause  to  be  delivered  to  the  commissioners  of  election  or  one 
of  them  of  the  several  precincts,  at  least  three  days  previous  to  any  elec- 
tion proper  poll  books  containing  one  column  headed  "names  of  voters" 
and  an  additional  column  headed  "number  of  voters"  with  the  oath  of  the 
commissioners  of  election  and  poll  clerks  written  or  printed  thereon  or 
attached  thereto,  ballot  boxes,  tally  paper,  strong  and  durable  envelopes 
for  return  and  whatever  else  is  necessary  for  holding  the  election  and 
making  due  return  thereof. 

10.  Every  poll  book  shall  bear  on  the  first  page  thereof  the  following 

heading:     "Names  of  all  persons  voting  at  precinct  No. in  the  district 

of ,  and  county  of ,  this day  of ,  in  the  year ." 

Two  such  poll  books  with  the  names  of  all  persons  voting  entered  thereon 
shall  be  kept  at  every  place  of  voting. 

Oaths  of  Election  Officers. 

11.  Every  commissioner  of  election,  so  appointed  as  aforesaid,  shall  be- 
fore entering  upon  the  discharge  of  his  duties,  take  and  subscribe  an  oath 
to  the  following  effect: 

State  of  West  Yirginia, 

County,  ss. 

I,  A —  B — ,  do  solemnly  swear  that  I  will  support  the  constitution  of  the 
United  States  and  the  constitution  of  this  State;  that  I  will  faithfully  and 
impartially  discharge  the  duties  of  commissioner  of  election  assigned  by 
law;  that  I  will  not  knowingly  permit  any  person  to  vote  who  is  not  quali- 
fied, and  will  not  knowingly  refuse  the  vote  of  any  qualified  voter,  or  cause 
any  delay  to  persons  offering  to  vote  further  than  is  necessary  to  procure 
satisfactory  information  of  the  qualification  of  such  person  as  a  voter;  that 
I  have  been  a  resident  of  the  State  of  West  Virginia  for  one  year,  and  of 
the  county  and  magisterial  district  in  which  I  am  to  act  as  commissioner 
of  election,  for  sixty  days,  next  preceding  this  date;  and  that  I  will  not  dis- 
close nor  communicate  to  any  person  how  any  voter  has  voted  at  such  elec- 
tion, nor  how  any  ballot  has  been  folded,  marked,  printed  or  stamped;  that 
I  have  nothing  of  value  bet  or  wagered  upon  the  result  of  said  election, 
and  am  not  a  candidate  at  this  election. 

So  help  me  God. 

Subscribed  and  sworn  to  before  me  this day  of . 


Every  poll  clerk,  so  appointed  as  aforesaid,  shall  before  entering  upon 


ElecItons  by  the  People. 


the  discharge  of  his  duties,  take  and  suhscribe  an  oath  to  the  following 

effect: 

State  of  West  Virginia, 

Coiinty,  ss. 

I,  A —  B — ,  do  solemnly  swear  that  I  will  faithfully  and  honestly  dis- 
charge my  duties  as  clerk  of  the  election  now  about  to  be  held  in  precinct 
No. ,  in  the  district  of ,  county  of ,  State  of  West  Vir- 
ginia, and  that  I  will  not  disclose  nor  communicate  to  any  person  how  any 
elector  voted  nor  how  any  ballot  was  folded,  marked,  printed  or  stamped. 

Subscribed  and  sworn  to  before  me  this day  of . 


Said  oaths  may  be  taken  before  any  person  authorized  to  administer 
oaths,  but  if  no  such  person  be  present  at  any  place  of  holding  an  election 
they  may  be  taken  before  and  administered  by  any  one  of  the  commis- 
sioners of  election  so  appointed,  who  in  turn  may  take  the  same  before 
another  of  said  commissioners.  Either  of  said  commissioners  may  ad- 
minister the  oath  to  the  poll  clerk.  The  said  oath  shall  appear  properly 
certified  on  one  of  the  poll  books  of  every  election.  If  any  such  commis- 
sioner or  clerk  shall  enter  upon  the  discharge  of  his  duties  before  taking 
the  oath  so  required  of  him  he  shall  be  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  shall  be  confined  in  the  county  jail  not  less  than  sixty 
days,  and  fined  noi,  less  than  one  hundred,  nor  more  than  five  hundred 
dollars. 

Ballot  Boxes. 

12.  The  clerk  of  the  county  court  shall,  at  the  expense  of  the  county,, 
provide  and  cause  to  be  delivered  to  the  commissioners  of  election,  or  on« 
of  them,  of  the  several  precincts  in  his  county,  at  least  three  days  previous 
to  any  election,  one  ballot  box  for  the  reception  of  ballots  for  each  precinct, 
each  ballot  box  shall  have  at  least  two  locks  of  different  kinds  and  com- 
binations, so  that  the  key  of  one  will  not  unlock  the  other  and  be  other- 
wise so  constructed  as  to  contribute  towards  the  prevention  of  fraud. 

13.  An  opening  shall  be  made  in  the  lid  of  each  ballot  box  sufficient 
only  for  a  sigle  ballot;  and  at  the  time  the  election  is  opened  the  commis- 
sioners of  election  shall  see  that  there  are  no  ballots  in  the  box  before  th« 
voting  begins,  and  shall  thereupon  securely  lock  the  box  and  give  one  key 
to  one  of  the  commissioners  who  is  in  politics  opposed  to  the  commissioner 
who  holds  the  other  of  said  keys,  and  the  box  shall  not  be  again  opened 
until  the  polls  are  closed,  and  the  commissioners  ready  to  proceed  with  the 
counting  of  the  ballots. 

When  and  How  Polls  Opened  and  Closed. 

14.  At  every  election  the  polls  shall  be  opened  ou  the  day  of  such  elec- 
tion as  soon  as  practicable  after  sunrise  but  not  before  and  shall  be  closed 
at  sunset. 

15.  Before  any  voter  is  permitted  to  vote,  the  commissioners  of  election 
shall  cause  to  be  proclaimed  that  such  election  Is  opened.  When  the  pollt 
are  closed  proclamation  must  be  made  of  the  fact  by  one  of  the  commli- 


10  Elections  by  the  People. 


sioners  of  election  to  the  people  outside  in  a  loud  and  audible  tone  of  voice 
and  a  minute  of  such  proclamation,  and  of  the  time  when  the  same  was 
made,  must  be  entered  on  the  tally  paper  by  the  poll  clerks,  and  after  such 
minute  has  been  made,  no  more  votes  shall  be  received. 

Who  Entitled  to  Vote  and  Where. 

16.  The  male  citizens  of  the  State  shall  be  entitled  to  vote  at  all  elec- 
tions held  within  the  precincts  of  the  counties  in  which  they  respectively 
reside;  but  no  person  who  is  a  minor  or  of  unsound  mind,  or  a  pauper  or 
who  is  under  conviction  of  treason,  felony  or  bribery  in  an  election  or  who 
has  not  been- a  resident  of  the  State  for  one  year  and  of  the  county  in 
which  he  offers  to  vote  for  sixty  days  next  preceding  such  election,  and  who 
is  not  at  the  time  of  the  election  an  actual  and  bona  fide  resident  of  the 
election  precinct  in  which  he  offers  to  vote,  shall  be  permitted  to  vote  at 
such  election,  while  such  disability  continues;  and  no  person  in  the  mili- 
tary, marine  or  naval  service  of  the  United  States  shall  be  deemed  a  resi- 
dent of  this  State,  by  reason  of  his  being  stationed  therein;  nor  shall  any 
person  in  the  employment  of  any  incorporated  company,  or  of  this  State, 
be  deemed  a  resident  of  any  county,  or  of  any  election  precinct  therein,  by 
reason  of  being  employed  in  said  county  or  election  precinct. 

Mode  of  voting. 

17.  In  all  elections  by  the  people  the  mode  of  voting  shall  be  by  ballot, 
but  the  voter  shall  be  left  free  to  vote  by  either  open,  sealed,  or  secret 
ballot,  as  he  may  elect.  Otherwise,  the  mode  and  manner  of  voting  shall 
be  as  herein  prescribed. 

Conventions,  Primary  Elections  and  Certificates  of  Nominations  to  Pul)lic 

Office. 

18.  A'  convention  within  the  meaning  of  this  chapter,  is  an  organized 
assemblage  of  voters  or  delegates  of  any  political  party,  for  the  purpose  of 
-nominating  a  candidate  or  candidates  for  public  office,  which,  at  the  last 
general  election  before  such  convention,  polled  at  least  three  per  cent,  of 
the  entire  vote  of  the  State,  or  any  division  or  sub-division  thereof,  for 
which  the  nominations  are  made,  or  have  had  nominations  on  the  official 
iDallot  for  the  State  or  any  division  or  sub-division  thereof,  for  the  last 
preceding  ten  years. 

19.  A  primary  election  within  the  meaning  of  this  chapter,  is  an  elec- 
tion held  by  voters  who  are  members  of  any  political  party  for  the  pur- 
pose of  nominating  a  candidate  or  candidates  for  public  office  which  at  the 
last  general  election  before  the  convention  polled  at  least  three  per  cent  of 
the  entire  vote  of  the  State  or  any  division  or  sub-division  thereof,  for 
which  they  are  made. 

20.  Any  convention  or  primary  election  as  herein  defined,  held  for  the 
purpose  of  making  nominations  for  public  office,  and  also  electors  of  presi- 
dent and  vice-president  of  the  United  States,  to  the  number  herein  sped- 


ElLECTIONS   BY   THE   PEOPLE.  11 

fled,  may  nominate  candidates  for  public  offices  to  be  filled  by  election  with- 
in the  State. 

21.  When  a  nomination  of  a  candidate  for  public  office  is  made  by  any 
convention,  as  herein  specified,  it  shall  be  the  duty  of  the  presiding  officer 
and  secretary  of  such  convention  to  certify  the  same  and  file  the  certificate 
thereof  as  hereinafter  provided. 

22.  When  a  nomination  of  a  candidate  for  public  office  is  made  by  any 
primary  election  as  herein  specified,  which  is  to  be  filled  by  the  voters  of 
the  entire  county,  it  shall  be  the  duty  of  the  chairman  and  secretary  of  the 
county  executive  committee,  representing  the  party  for  which  the  nomina- 
tion is  made,  to  certify  the  same.  If  the  office  is  to  be  filled  by  the  voters 
of  any  magisterial  district,  it  shall  be  the  duty  of  the  chairman  and  secre- 
tary of  the  committee  of  such  district,  representing  the  party  for  which  the 
nomination  is  made,  to  certify  the  same.  Said  certificates  shall  be  filed  as 
herein  provided. 

23.  The  certificate  of  nomination  shall  be  in  writing.  It  shall  contain 
the  name  of  the  person  nominated,  his  residence,  and  the  office  for  which 
he  is  nominated,  and  shall  designate,  in  not  more  than  five  words,  the 
party,  or  principle  which  such  nominee  shall  represent.  If  the  nomina- 
tion be  made  by  a  convention,  it  shall  be  signed  by  the  presiding  officer  and 
secretary;  if  made  by  a  primary  election  for  an  office  to  be  filled  by  the 
voters  of  the  entire  county,  it  shall  be  signed  by  the  chairman  and  secre- 
tary of  the  county  executive  committee  thereof;  and  if  made  by  a  primary 
election  for  an  office  to  be  filled  by  the  voters  of  a  magisterial  district  it 
shall  be  signed  by  the  chairman  and  secretary  of  the  committer  thereof; 
and  each  person  who  signs  such  certificate  shall  add  to  his  signature  his 
place  of  residence  and  address. 

Such  certificate  may  be  in  the  following  form,  or  to  the  following  effect, 
to-wit : 

State  of  West  Virginia, 

County,  ss: 

This  is  to  certify  that  at  a  county  convention  of  the   (here  state  the 

name  of  the  party),  held  at in  and  for  the  county  of ,  on 

the day  of ,  in  the  year ,  for  the  purpose  of  nominating 

candidates   for   public   office,    the   following   nominations   were   made,   to 
represent  said  party,  to-wit: 

FOR  HOUSE  OF  DELEGATES. 

A B ,  residence 

FOB    SHERIFF. 

C D ,  residence 

FOR   PROSECUTING    ATTORNEY. 

E F ,  residence 

FOR  CLERK   OF  CIRCUIT  COURT. 

G H ,  residence 

FOR  CLERK  OF  COUNTY  COURT. 

J K .  residence 


(And  so  on  to  the  end  of  the  nominations  for  all  the  county  officers  to  b© 
-elected. ) 


12  Elections  by  the  People. 

In  witness  whereof  we  have  hereunto  set  our  hands  this day  of 

,  in  the  year . 

L M ,  Chairman, 

Residence .  Post  oflBce  address . 

N O ,  Secretary,  Residence 

Post  office  address . 

24.  Candidates  for  public  office  may  be  nominated  otherwise  than  by 
convention  or  primary  elections.  In  such  case,  a  certificate  shall  be  signed 
by  voters  resident  within  the  State,  district  or  political  division  for  which 
the  candidate  is  presented,  to  a  number  equal  to  one  per  cent  of  the  entire 
vote  cast  at  the  last  preceding  election  in  the  State,  circuit,  district,  county 
or  other  division  for  which  the  nomination  is  made.  Provided,  that  the 
number  of  signatures  so  required  shall  not  exceed  one  thousand  nor  be 
less  than  fifty,  and  need  not  be  all  signed  on  one  certificate.  No  voter  sign- 
ing such  certificate  shall  be  counted  unless  his  residence  and  post  office 
address  be  designated.  Such  certificate  shall  state  the  name  and  residence 
of  each  of  such  candidates;  that  he  is  legally  qualified  to  hold  such  office; 
that  the  subscribers  desire  and  are  legally  qualified  to  vote  for  such  candi- 
dates; and  may  designate,  by  not  more  than  five  words,  a  brief  name  of 
the  party  or  principle  which  said  candidates  represent.  No  person  shall 
join  in  nominating  more  than  on©  nominee  for  each  office  to  be  filled^ 
otherwise,  his  name  shall  be  counted  for  neither  nominee. 

Such  certificate  may  be  in  the  following  form,  or  to  the  following  effect, 
to-wit: 
State  of  West  Virginia, 

County,  ss: 

This  is  to  certify  that  we,  the  undersigned  voters  resident  within  the 

county  of ,  State  of  West  Virginia,  do  hereby  make  the  following 

nominations  for  public  office  for  said  county,  to-wit: 

FOR    HOUSE    OF    DELEGATES, 

A B ,  Residence (And  so  on  to  the  end  of  the  nominations 

so  made,  as  in  the  preceding  form.) 

And  we  further  certify  that  each  of  said  candidates  is  legally  qualified 
to  hold  the  oflBce  for  which  he  is  nominated,  and  that  we  desire,  and  are 
legally  qualified,  to  vote  for  said  candidates.     The  name  of  the  party  (or 

principle)  which  said  candidates  represent  is (here  state  it.) 

Signature,  Residence  Post  Office  Address, 

(name  of  voters.)  (describe  it.)  (name  of  office.) 

25.  Certificates  of  nomination  of  candidates  for  public  office  shall  be 
certified  and  filed  with  the  clerk  of  the  circuit  court  of  each  county,  as 
follows:  For  offices  to  be  filled  by  the  voters  of  the  whole  state,  by  the 
president  and  secretary  of  the  nominating  convention,  when  one  is  held  or 
the  full  names  of  the  candidates  so  nominated  may  be  certified  by  the 
president  and  secretary,  and  published  in  a  newspap-er  published  at  the 
place  where  the  convention  is  held,  or  at  the  seat  of  government,  and  a 
copy  thereof  may  be  filed  as  aforesaid  in  lieu  of  the  certificate  first  herein 
provided  for.  Certificates  of  nomination  made  by  voters  otherwise  than 
by  convention  or  primary  elections,  shall  be  filed  by  the  persons  or  some  of 
them  whose  names  are  signed  to  the  certificate  of  nomination,  and  if  sucl^ 


Elections  by  the  People.  13 

nominations  are  made  by  a  primary  election,  the  certificates  shall  be  made 
by  the  chairman  and  secretary  of  the  executive  committee  of  the  party 
making  the  same;  and  they  may  be  certified  and  published  in  a  newspaper 
and  copies  of  each  paper  may  be  filed  as  hereinbefore  provided  for.  Certi- 
ficates of  nomination  of  candidates  for  representatives  in  congress,  for 
judges  of  circuit  or  other  courts  of  record,  and  for  State  senators,  shall  be 
certified  and  filed  by  the  chairman  and  secretary  of  the  district 
executive  committee  of  the  party  making  them,  whether  they  be 
made  by  a  convention  or  primary  election;  and  the  provisions  herein  con- 
tained in  regard  to  the  printing  of  nominations  shall  apply  to  all  such 
nominations.  Certificates  of  nomination  of  candidates  for  the  house  of 
delegates  and  for  all  county  oflSces,  shall  be  made  and  filed  by  the  county 
executive  committee  of  the  party  making  them.  Certificates  of  the  nomi- 
nation of  candidates  for  offices  to  be  filled  by  the  voters  of  a  magisterial 
district,  shall  be  made  and  filed  by  the  said  magisterial  district  committee 
or  by  the  chairman  and  secretary  of  the  county  executive  committee.  And 
certificates  of  nomination  for  muncipal  officers  shall  be  made  and  filed  by 
a  committee  of  the  party  making  the  nominations  appointed  for  the  pur- 
pose, or  by  the  president  and  secretary  of  the  convention  making  such 
nominations.  Every  such  certificate  shall  be  filed  with  the  said  clerk,  at 
least  twenty  days  before  the  day  fixed  by  law  for  the  election  of  the  per- 
sons nominated. 

26.  State,  congressional,  judicial,  senatorial,  district  and  county  execu- 
tive committees  shall  be  appointed  by  each  political  party  making  nomina- 
tions of  candidates  for  office,  and  it  shall  be  the  duty  of  the  committees  so 
appointed  to  do  and  perform  the  duties  required  of  them  by  this  chapter. 

27.  In  case  it  shall  appear  to  the  clerk  of  the  circuit  court  of  any  county 
by  satisfactory  evidence  that  nominations  have  been  made  in  conformity 
with  the  provisions  of  this  chapter,  and  no  certificate  thereof  has  been 
received  by  him,  he  shaH  include  such  nominations  among  the  names  of 
candidates  to  be  printed  upon  the  ballots  as  hereinafter  provided. 

28.  The  certificates  of  nominations  so  filed  in  the  office  of  the  clerk  of 
the  circuit  court  shall  be  preserved  therein  by  him  until  ten  days  after  the 
next  succeeding  election,  when  he  may  destroy  the  same. 

Caucus,  Primary  Election,  or  Public  Meeting  to  Nominate  Candidates  for 
Office,  Select  Delegates,  or  Appoint 
Committee. — Calling. — Notice. 

28a.  Any  caucus,  primary  election,  or  public  meeting  of  the  qualified 
voters  of  any  city,  town,  county,  district,  or  ward  of  a  city,  or  of  any 
special  party  or  portion  of  such  voters,  for  the  nomination  of  candidates 
to  be  supported  at  any  state,  municipal,  county,  district  or  ward  election, 
or  for  the  selection  of  delegates  to  any  political  convention,  or  for  the 
appointment  of  any  political  committee,  may  be  called  by  a  written  or 
printed  notice,  specifying  that  the  same  is  to  be  held  in  accordance  with 
the  provisions  of  this  act;  and  the  provisions  thereof  shall  apply  to  the 
conduct  and  proceedings  of  any  such  caucus,  primary  election  or  meeting. 


14  Elections  by  the  People. 


Vacancies  in  Nominations — How  Filled. 

29.  In  case  of  a  vacancy  in  a  nomination  by  death,  resignation  or  other- 
wise, it  may  be  filled  and  certified  in  the  same  manner  as  originally  made 
and  certified;  but  if  such  vacancy  be  not  so'  filled  within  twenty  days  by 
the  voters  of  the  entire  State,  or  within  ten  days  next  preceding  an  eler* 
tion  for  any  other  office,  if  said  committee  fail  or  refuse  to  meet,  it  shall 
be  lawful  for  the  chairman  of  the  committee  of  the  party,  of  which  said 
candidate  was  a  member,  for  the  state,  circuit,  county,  district  or  other 
political  division  in  which  such  vacancy  occurs  to  fill  such  vacancy  by 
nomination,  make  a  certificate  thereof  and  file  the  same  with  the  same 
oflScer  with  whom  the  original  certificate  of  nomination  was,  should,  or 
might  have  been  legally  filed;  and  it  shall  be  the  duty  of  the  officer  with 
whom  such  certificate  is  filed  to  receive  and  proceed  with  the  same,  in  all 
respects,  as  an  original  nomination. 

If  such  nomination  to  fill  such  vacancy  be  not  so  made  and  certified  to 
the  clerk  of  circuit  court  'before  the  printing  of  the  ballots  herein  pro- 
vided for,  it  shall  be  lawful  for  the  chairman  of  said  State,  circuit,  county, 
district,  or  other  political  division  committee  to  provide  the  commissioners 
of  election  of  each  precinct,  in  which  such  candidate  is  to  be  voted  for, 
with  a  number  of  pasters  containing  only  the  name  of  such  candidate,  at 
least  equal  to  the  number  of  ballots  provided  for  each  precinct,  but  no 
pasters  shall  be  given  to  or  received  by  any  person  except  such  commis- 
sioners of  election,  and  it  shall  be  the  duty  of  the  commissioners  of  elec- 
tion to  deliver  such  pasters  to  the  polling  clerks,  who  shall,  in  the  presence 
of  the  said  commissioners,  put  one  of  such  pasters  in  a  careful  and  proper 
manner,  and  in  the  proper  place,  on  each  ballot,  before  said  polling  clerks 
shall  sign  their  names  thereon. 

Publication  of  Nominations. 

30.  At  least  ten  days  before  an  election  to  fill  any  public  office,  at 
which  the  voters  of  any  county  are  entitled  to  vote,  the  clerk  of  the  circuit 
court  of  such  county  shall  cause  to  be  published  in  two  newspapers,  if  such 
there  be  published  within  the  county,  representing  the  political  parties 
which  at  the  last  preceding  general  election  cast  the  largest  number  of 
votes  in  the  State  or  if  there  be  only  one  newspaper  published  therein, 
then,  in  such  newspaper,  the  nominations  for  office  certified  to  him  and 
filed  In  his  office,  excepting  nominations  for  office  to  be  filled  by  the  voters 
of  any  sub-division  less  than  a  county. 

He  shall  make  no  less  than  two  publications  in  each  of  such  newspapers 
before  the  election,  one  of  which,  in  each  newspaper,  shall  be  upon  the  last 
day  upon  which  such  newspaper  is  issued  before  the  election.  If  there  be 
no  newspaper  published  in  the  county,  the  clerk  of  the  circuit  court  shall 
at  least  ten  days  before  the  election,  cause  to  be  posted  in  his  office  and  at 
some  public  place  in  each  voting  precinct  in  the  county,  a  printed  notice  of 
the  nominations  for  office  certified  to  and  filed  by  him  as  aforesaid.  When- 
ever it  shall  appear  by  affidavit  that  an  error  or  omission  has  occurred  in 
the  publication  of  the  names  or  description  of  candidates  nominated  for 


Elections  by  the  People.  .  15 

public  oflace  or  in  printing  the  ballots,  the  board  of  ballot  commissioners 
shall  correct  such  error.  Provided,  That  nothing  in  this  chapter  contained 
shall  be  taken  or  construed  to  prohibit  or  prevent  any  person  from  running 
as  an  independent  candidate  for  any  office  to  be  filled,  and  to  have  all  legal 
votes  cast  at  any  election  for  such  independent  candidate  counted,  allowed 
and  certified,  with  like  effect  as  other  votes, 

31.  The  list  of  nominations  published  and  posted  by  the  clerks  of  the 
circuit  court  of  the  respective  counties,  shall  be  arranged  in  the  order  and 
form  in  which  they  will  be  printed  upon  the  ballots. 

Board  of  Ballot  Commissioners. 

32.  In  each  county  of  the  State,  the  clerk  of  the  circuit  court  and  two 
persons  by  him  appointed,  one  from  each  of  the  two  political  parties  which 
cast  the  largest  number  of  votes  in  the  State,  at  the  last  preceding  general 
election,  shall  constitute  a  board  of  ballot  commissioners,  of  which  board 
the  said  clerk  shall  be  chairman.  It  shall  be  the  duty  of  such  chairman  to 
notify  the  chairman  of  the  respective  county  executive  committees  of  said 
two  parties  at  least  five  days  before  making  said  appointments,  of  the  time 
and  place  of  making  the  same,  and  if  at  any  time  after  said  notice  is 
given,  and  before  or  on  the  day  so  fixed  for  making  said  appointments,  the 
chairman  of  eit'  }r  of  said  committees  shall  designate  in  writing,  a  member 
of  such  party  as  ballot  commissioner,  having  the  qualifications  of  a  voter, 
he  shall  be  appointed. 

Preparation  and  Distribution  of  Ballots. 

33.  Excepting  municipal  elections.  It  shall  be  the  duty  of  the  board  of 
ballot  commissioners  for  each  county  to  provide  printed  ballots  for  every 
election  for  public  officers  in  which  the  voters  or  any  of  the  voters  within 
the  county  participate,  and  cause  to  be  printed,  on  the  appropriate  ballot, 
the  name  of  every  candidate  whose  name  has  been  certified  to  or  filed  with 
the  clerk  of  the  circuit  court  for  the  county  in  the  manner  provided  for  In 
this  chapter. 

The  printing  of  the  ballots,  and  all  other  printing  caused  to  be  done  by 
the  board  of  ballot  commissioners,  shall  be  contracted  for  with  the  lowest 
responsible  bidder.  Ballots  other  than  those  caused  to  be  printed  by  the 
respective  boards  of  ballot  commissioners  according  to. the  provisions  of 
this  chapter,  shall  not  be  cast,  received  nor  counted  In  any  election. 

34.  All  ballots  prepared  under  the  provisions  of  this  chapter  shall  be 
printed  in  black  ink  on  number  two  white  book  paper  sufficiently  thick 
that  the  printing  cannot  be  distinguished  from  the  back,  and  shall  contain 
the  names  of  every  candidate  whose  nomination  for  any  office  to  be  voted 
for  at  the  election  has  been  certified  and  filed  according  to  law,  and  no 
others. 

The  tickets,  except  the  headings,  which  shall  be  in  display  type,  shall  be 
printed  from  brevier  type,  the  name  or  designation  of  the  office  and  the 
residence  of  the  candidate  in  lower  case  letters,  and  the  name  of  the  candi- 
date In  capital  letters.    The  name  and  residence  of  the  candidate  may  be 


16  Elections  by  the  People. 

printed  in  the  same  line.  The  name  of  each  candidate  shall  be  printed  in 
a  space  defined  by  ruled  lines,  and  with  a  blank  square  on  its  left  inclosed 
by  heavy  dark  lines.  If,  upon  any  ticket,  there  be  no  candidate  or  candi- 
dates for  a  designated  office,  a  blank  space  equal  to  the  space  that  would 
be  occupied  by  such  name  or  names,  if  they  were  printed  thereon,  with  the 
blank  space  herein  provided  for,  shall  be  left.  The  heading  of  each  party 
ticket,  including  the  name  of  the  party  and  the  device  above  and  the  large 
circle  between  the  device  and  such  name,  shall  be  separated  from  the  rest 
of  the  ticket  by  a  heavy  line;  and  the  circle  above  the  name  of  the  party 
in  which  the  voter  is  to  place  the  cross  mark,  if  he  desires  to  vote  the 
straight  ticket,  shall  be  defined  by  heavier  lines  than  the  lines  defining  the 
blank  spaces  before  the  names  of  candidates,  and  such  circles  shall  be  sur- 
rounded by  the  following  words  printed  in  heavy  face  nonpareil  type: 
"For  a  straight  ticket  mark  within  this  circle."  Each  party  ticket  shall 
be  separated  from  other  party  tickets  and  bordered  on  either  side  by  a 
heavy  border  or  a  broad  solid  line,  at  least  one-eighth  of  an  inch  wide,  and 
the  edges  of  the  ballot  on  either  side  trimmed  off  up  to  one-half  inch  of 
the  borders  or  solid  line  described. 

The  names  of  the  candidates  shall  be  arranged  on  the  ballot  in  tickets 
or  lists  in  separate  columns  under  the  respective  party  or  political  or  other 
designation  certified,  each  column  or  ticket  containing  the  names  of  candi- 
dates nominated  by  the  same  political  party  and  no  others.  In  elections 
for  presidential  electors  the  names  of  the  candidates  for  president  and 
rice-president  of  the  United  States  shall  be  placed  on  the  ticket  immediate- 
ly following  the  name  of  the  party,  and  preceding  the  names  of  the  presi- 
dential electors,  and  shall  be  certified  to  the  clerks  of  the  circuit  courts 
by  the  chairman  and  secretary  of  the  state  executive  committee  of  the 
political  party  making  the  nomination.  The  names  of  the  candidates  on 
each  ticket  shall  be  arranged  in  groups,  with  a  heading  over  each  group 
printed  in  heavy  faced  brevier  type  to  indicate  the  political  division  in 
which  such  group  is  to  be  voted  for.  The  arrangement  of  the  ballot  shall 
conform  as  nearly  as  practicable  to  the  plan  here  given: 


Elections  by  the  People. 


17 


Device. 

Device. 

Device. 

o 

o 

o 

Repnblican  Ticket 

Democratic  Ticket 

Prohibition  Ticket 

For  Governor, 
Name. 

For  Governor, 
'Name. 

• 

For  Governor, 
Name. 

» 

18  Elections  by  the  Peopled 


The  tickets  of  the  several  political  parties  shall  be  printed  on  the  ballot 
in  parallel  columns,  each  ticket  in  a  separate  column  headed  by  the  chosen 
device,  and  the  tickets  in  such  order  on  the  ballot,  and  the  names  of  the 
offices  in  such  order  on  the  ticket,  as  the  secretary  of  state  shall  direct, 
preference,  however,  being  given  to  the  political  party  which  cast  the  high- 
est number  of  votes  for  the  head  of  the  ticket  at  the  last  preceding  presi- 
dential election,  and  so  on.  No  ticket  or  list  of  candidates  shall  be  printed 
under  the  name  of  any  party  containing  more  candidates  for  any  office 
than  are  to  be  elected. 

The  ballots  shall  be  so  printed  as  to  give  each  voter  a  clear  opportunity 
to  designate  by  a  cross  mark  in  a  large  blank  circular  space  three-quarters 
of  an  inch  in  diameter  below  the  device  and  above  the  name  of  the  party  at 
the  head  of  the  ticket  or  list  of  candidates,  his  choice  of  a  party  ticket  and 
desire  to  vote  for  each  and  every  candidate  thereon  and  by  a  cross  mark 
in  a  blank  inclosed  space  on  the  left  and  before  the  name  of  each  candi- 
date, his  choice  of  particular  candidates. 

On  the  back  of  the  ballot  shall  be  printed  or  stamped  in  black  ink  the 
words  "Official  Ballot,"  with  the  date  of  the  election,  and  underneath  shall 
be  two  blank  lines,  followed  by  the  words  "Poll  Clerks."  On  one  of  these 
lines  each  poll  clerk  shall  personally  write  his  name  in  ink. 

Indorsement  by  Poll  Clerks. — The  clause  in  this  section  relating  to  indorsement  of 
election  ballots  by  poll  clerks  is  directory  in  so  far  as  it  provides  that  the  signatures 
shall  be  on  the  lines  provided  therefor,  under  the  printed  words  "Poll  Clerks,"  and 
in  ink,  but  mandatory  in  so  far  as  it  requires  the  signatures  to  be  in  the  handwriting 
of  the  poll  clerks. —  (64  W.  Va.,  499.) 

The  state  executive  committee  of  each  political  party  shall  adopt  a  party 
device  or  emblem  for  its  party,  to  be  printed  at  the  head  of  its  ticket  on 
the  ballot,  and  shall  certify  the  same  to  the  clerk  of  the  circuit  court  of 
€ach  county  at  least  sixty  days  before  any  election;  and  the  device  shall 
remain  the  same  until  changed  and  certified  as  aforesaid.  No  two  parties 
shall  adopt  the  same  device,  or  so  near  the  same  as  likely  to  lead  to  con- 
fusion; and  in  such  case  the  preference  shall  be  given  to  the  party  casting 
the  highest  number  of  votes  for  the  head  of  the  ticket  at  the  last  preceding 
presidential  election.  When  a  ticket  or  person  is  nominated  by  petition, 
the  petition  shall  show  the  device  adopted  by  the  petitioners. 

Marking  Ballot  and  Voting  Same. 

In  preparing  his  ballot  the  voter  shall  use  a  black  lead  pencil  and  ob- 
serve the  following  rules: 

First,  If  the  voter  desires  to  vote  a  straight  ticket,  or  in  other  words 
for  each  and  every  candidate  of  one  party  for  whatever  office  nominated, 
he  shall  either: 

(a)  Make  a  cross  mark  in  the  circular  space  below  the  device  and 
above  the  name  of  the  party  at  the  head  of  the  ticket;  or 

(h)  Make  a  cross  mark  on  the  left  and  opposite  the  name  of  each  and 
every  candidate  of  such  party  in  the  blank  space  provided  therefor;  or 

(c)  Mark  out,  by  lines  through  all  the  tickets  in  the  ballot,  other  than 
the  ticket  he  desires  to  vote. 


Eli:ctions  by  the  People.  19 

Second.  If  the  voter  desires  to  vote  a  mixed  ticket,  or  in  other  words 
lor  candidates  of  different  parties,  he  shall  either: 

(a)  Omit  making  a  cross  in  the  circular  space  above  the  name  of  the 
party,  and  make  a  cross  mark  in  the  blank  space  before  the  name  of  each 
candidate  for  whom  he  desires  to  vote  on  whatever  ticket  the  name  may 
T)e;  or 

(b)  Make  a  cross  mark  in  the  circular  space  above  the  name  of  the 
party  for  some  of  whose  candidates  he  desires  to  vote,  and  then  make  a 
cross  mark  before  the  name  of  any  candidate  of  any  other  party  for  whom  he 
may  desire  to  vote;  in  which  case  the  cross  mark  in  the  circular  space 
above  the  name  of  the  party  will  cast  his  vote  for  every  candidate  on  the 
ticket  of  such  party,  except  for  offices  for  which  candidates  are  marked 
on  other  party  tickets,  and  the  cross  mark  before  the  names  of  such  candi- 
dates will  cast  his  vote  for  them;  or 

(c)  Write  with  black  lead  pencil  the  name  of  person  for  whom  he 
desires  to  vote,  in  the  space  immediately  below  the  names  of  the  opposing 
candidate  for  the  same  office,  on  the  ticket  voted  by  him,  and  the  name  so 
w^ritten  shall  be  counted. 

If,  in  the  marking,  either  a  straight  or  mixed  ticket  as  above  defined,  a 
cross  mark  is  made  ui  the  circular  space  above  the  name  of  a  party  at  the 
head  of  the  ticket,  and  also  one  or  more  cross  marks  made  before  the  name 
or  names  of  candidates  on  the  same  ticket  for  offices  for  which  candidates 
on  other  party  tickets  are  not  individually  marked,  such  marks  before  the 
uames  of  candidates  on  the  ticket  so  marked,  shall  be  treated  as  surplusage 
and  ignored;  and  the  ballot  be  counted  for  all  the  candidates  on  the  ticket 
thus  marked  for  offices  for  which  no  candidate  on  other  tickets  are  marked. 

If  the  voter  desires  to  vote  for  any  person  whose  name  does  not  appear 
on  the  ticket  he  can  substitute  the  name  by  writing  it  with  black  lead 
pencil  in  the  proper  place,  and  making  a  cross  mark  in  the  blank  space 
at  the  left  of  the  name  so  written. 

If  the  voter  mark  more  names  than  there  are  persons  to  be  elected  to  an 
office,  or  if,  for  any  reason,  it  is  impossible  to  determine  the  voter's  choice 
for  an  office,  to  be  filled,  his  ballot  shall  not  be  counted  for  such  office. 

No  ballot  shall  be  rejected  for  any  technical  error  which  does  not  make 
it  impossible  to  determine  the  voter's  choice. 

35.  If  the  printer  of  such  ballots,  or  any  person  employed  in  printing 
the  same,  shall  give  or  deliver,  or  knowingly  permit  to  be  taken  any  of 
said  ballots,  by  any  person  other  than  a  member  of  the  board  of  ballot 
commissioners,  for  whom  such  ballots  are  being  printed,  or  shall  print,  or 
cause,  or  permit,  to  be  printed,  any  ballot  in  any  other  form  than  the  one 
prescribed  by  this  chapter,  or  with  any  other  names  thereon,  or  with  the 
names  spelled,  or  the  names  thereon  arranged,  in  any  other  way  than  that 
authorized  and  directed  by  the  said  board  of  ballot  commissioners,  he  shall 
be  guilty  of  felony,  and  on  conviction  thereof,  shall  be  imprisoned  in  the 
State  penitentiary  not  less  than  three  nor  more  than  ten  years. 

36.  The  board  of  ballot  commissioners  shall,  for  the  general  election  to 
l)e  held  in  their  county  in  the  year  one  thousand  eight  hundred  and  ninety- 
two,  have  printed  three  ballots  for  each  voter  in  their  county,  as  shown  by 


20  Elections  by  the  People. 


the  votes  cast  therein  at  the  election  held  in  one  thousand  eight  hundred 
and  ninety,  or  one  thousand  eight  hundred  and  eighty-eight,  at  whichever 
of  said  elections  the  largest  number  of  votes  were  cast.  And  thereafter, 
they  shall  have  printed  a  like  number  of  ballots  for  each  vote  cast  Iel 
their  county  at  the  last  preceding  general  election  held  therein.  The  bal- 
lots so  printed  shall  be  wrapped  and  tied  in  packages,  one  for  each  place 
of  voting  in  the  county  in  the  year  one  thousand  eight  hundred  and  ninety- 
two,  containing  three  ballots  for  the  estimated  number  of  votes  to  be  cast, 
at  each  of  said  places,  and  thereafter  containing  three  ballots  for  each 
vote  cast  at  said  place  of  voting  at  the  last  preceding  general  election  held 
thereat.  Each  package  of  ballots  shall  be  sealed  with  wax,  and  plainly 
marked  with  the  number  of  ballots  therein,"  the  name  of  the  magisterial 
district,  and  the  number  of  voting  place  therein,  to  which  it  is  intended  to 
be  sent.  The  name  of  the  ballot  commissioner  shall  also  be  endorsed 
thereon.  On  the  back  of  each  sheet  of  paper  on  which  the  ballots  are 
printed  as  aforesaid,  and  as  near  the  center  thereof  as  may  be,  shall  be 
printed  the  words  "poll  clerks,"  and  under  them  each  poll  clerk  shall 
write  his  name  before  the  ballot  is  delivered  to  the  voter.  And  the  sheet 
containing  said  ballots  shall  be  so  folded  as  to  show  the  words  "poll 
clerk,"  and  the  signatures  of  said  clerks  written  thereon,  before  depositing 
the  same  in  the  ballot  box. 

37.  It  shall  be  the  duty  of  one  of  the  commissioners  of  election  ap- 
pointed for  each  place  of  voting  in  their  county,  to  be  designated  by  them, 
in  writing,  to  attend  at  the  office  of  the  clerk  of  the  circuit  and  county 
court  of  his  county,  not  more  than  four  nor  less  than  two  days  before  each 
election,  to  receive  the  ballots  for  the  place  of  voting  at  which  he  is  ap- 
pointed to  act,  and  the  said  clerk  shall  deliver  to  him  the  sealed  package 
of  ballots  provided  for  his  precinct  by  the  said  board  and  take  from  him  a 
receipt  for  the  same,  which  shall  be  filed  in  the  office  of  the  clerk  of  the 
circuit  court;  and  the  clerk  of  the  county  court  if  he  has  not  already  done 
so,  shall  deliver  to  him  one  of  the  ballot  boxes  and  other  things  mentioned' 
in  section  nine  of  this  chapter,  and  take  from  him  a  receipt  for  the  same, 
which  shall  be  filed  in  his  office.  The  ballot  box  shall  be  returned  by  said 
commissioner,  after  the  election,  to  the  clerk  of  the  county  court  and  pre- 
served in  his  office. 

38.  If  any  member  of  the  board  of  ballot  commissioners  shall  give  or 
deliver  to  any  other  person  any  of  said  ballots  or  shall  knowingly  permit 
any  of  them  to  be  taken  away,  except  as  herein  provided,  be,  or  they,  shall 
be  guilty  of  a  felony,  and  on  conviction  thereof  shall  be  punished  by  im- 
prisonment in  the  penitentiary  for  not  less  than  one  nor  more  than  five 
years. 

39.  Any  person  who  shall  unlawfully  take  or  remove,  with  or  without 
the  consent  of  the  lawful  custodian  thereof,  any  such  ballot  from  the  place 
at  which  said  ballots  are  lawfully  kept  for  the  time  being,  every  such  per- 
son shall  be  guilty  of  a  felony  and  upon  conviction  thereof  be  confined  In 
the  penitentiary  not  less  than  one  nor  more  than  five  years. 

40.  In  case  any  commissioner  of  election  shall  fail  to  appear  at  the  office 
of  the  clerk  of  the  circuit  and  county  court  of  his  county  by  the- 
close  of  the  second  day  prior  to  any  election  as  required  by  section  thirty- 


Elections  by  the  People.  21 

seven  of  this  chapter,  the  board  of  ballot  commissioners  or  the  chairman 
thereof  shall  forthwith  dispatch  a  special  messenger  to  his  precinct  with 
the  ballots  for  such  precinct.  Such  messenger  shall  be  allowed  two  dol- 
lars for  his  time  and  five  cents  per  mile  for  the  distance  necessarily- 
traveled  by  him,  and  shall  promptly  report  to  the  clerk  of  the  circuit 
court  and  file  with  him  the  receipt  of  the  person  to  whom  he  delivered 
«uch  ballots,  and  his  affidavit,  stating  when  and  to  whom  he  delivered  such 
ballots;  and  the  commissioners  of  election  so  failing  shall  receive  no 
compensation  for  his  services  at  such  election. 

41.  Any  commissioner  of  election  who  shall  wilfully  or  negligently  fail 
to  appear  at  the  office  of  the  clerk  of  the  circuit  court  or  county  courts  of 
his  county,  as  herein  provided,  shall  be  guilty  of  a  misdemeanor,  and  on 
conviction  thereof,  shall  be  fined  not  less  than  ten  dollars,  nor  more  than 
one  hundred  dollars,  and  shall  thereafter  he  incompetent  to  serve  as  a 
member  of  such  board. 

42.  If  by  an  accident  or  casualty,  the  ballots  or  ballot  box  delivered 
to  a  commissioner  of  election,  or  to  any  messenger,  shall  be  lost  or  destroy- 
ed, it  shall  be  the  duty  of  such  commissioner  or  messenger  to  report  the 
loss  forthwith  to  th'>  board  of  ballot  commissioners,  and  clerk  of  the  county 
court  from  whom  the  same  were  or  was  obtained  and  make  affidavit  of 
the  circumstances  of  the  loss;  whereupon  such  board  and  clerk  shall  at 
once  send  a  new  supply  by  special  messenger,  as  provided  in  other  cases. 
In  case,  for  any  reason  there  should  be  found  no  ballots,  or  ballot  box,  or 
other  necessary  means  or  contrivances  for  voting,  at  the  opening  of  the 
polls,  it  shall  be  the  duty  of  the  commissioners  of  election  to  secure  the 
same  as  speedily  as  possible,  and,  if  necessary,  such  board  may  have  bal- 
lots printed  or  written,  or  a  ballot  box  made;  provided,  however,  that 
such  ballots  shall  conform  as  nearly  as  possible  to  the  genuine  ballots,  and 
the  printing  or  writing,  and  the  care  of  the  same,  and  of  said  ballot  box, 
shall  be  under  the  same  provisions  and  penalties  as  the  printing  and  care 
of  the  other  ballots,  and  other  ballot  boxes,  prescribed  in  this  act. 

43.  The  various  boards  of  ballot  commissioners,  or  the  chairman  thereof, 
shall  preserve  the  ballots  that  are  left  over  in  their  hands,  after  supplying 
the  precincts  as  hereinbefore  provided,  until  the  close  of  the  polls  on  the 
day  of  election,  and  said  ballots  shall  then  be  destroyed  by  said  board  or 
the  chairman  thereof  by  fire  or  otherwise;  and  for  failure  to  do  so,  the  said 
commissioner  or  chairman  shall  be  guilty  of  a  misdemeanor,  and  fined 
not  less  than  fifty  nor  more  than  one  hundred  dollars. 

Card  of  Instructions  to  Voters. 

44.  The  board  of  ballot  commissioners  of  each  county  shall  cause  to  be 
printed  in  large,  clear  type,  on  cards,  instructions  for  the  guidance  of 
electors  in  preparing  their  ballots.  They  shall  furnish  twelve  of  such 
cards  to  the  commissioners  of  election  at  the  same  time  they  delirer  to 
him  the  ballots  for  his  precinct.  The  commissioners  shall  cause  to  b» 
posted  one  of  said  cards  in  each  place  or  compartment  prorided  for  th« 
preparation  of  the  ballots,  and  the  others  in  and  about  the  polling  place, 
and  one  or  more  of  the  cards  outside  of  the  sixty-foot  line  provided  for  in 


22  Elections  by  the  People. 

this  chapter,  upon  the  day  of  election.  Said  cards  shall  contain  full  instruc- 
tions to  the  voters  as  to  what  shall  be  done:  (1)  to  obtain  ballots  for 
voting;  (2)  to  prepare  the  ballots  for  deposit  in  the  ballot  boxes;  (3) 
to  obtain  a  new  ballot  in  place  of  one  accidentally  spoiled;  also,  a  copy 
of  sections  fifty,  sixty-two,  seventy-six,  seventy-nine,  eighty-one  and 
eighty-two  of  this  act.  Said  ballot  commissioners  shall  also  cause  to  be 
printed  on  colored  paper  ten  or  more  copies  of  the  ballots  provided  for 
each  voting  place  at  each  election  therein,  which  shall  be  called  specimen 
ballots,  and  shall  be  furnished  and  posted  with  the  cards  of  instruction 
for  each  voting  place,  and  marked  so  as  to  indicate  the  manner  of  marking 
those  not  voted. 

Election  Rooms,  Shelves  or  Tables  and  Compartments. 

45.  The  county  court  in  each  county,  before  each  election,  shall  secure^ 
In  each  voting  precinct  in  the  county,  a  suitable  room  or  building  in 
which  to  hold  the  election,  and  shall  cause  the  same  to  be  suitably  pro- 
vided with  a  sufficient  number  of  booths  or  compartments,  each  containing 
a  table,  counter  or  shelf,  and  furnished  with  proper  supplies  for  preparing 
the  ballots,  at  or  in  which  voters  may  conveniently  prepare  their  ballots,, 
so  that  in  the  preparation  thereof  they  may  be  secured  from  the  observation 
of  others,  and  a  guard  rail  shall  be  so  constructed  and  placed  about  said 
building  that  only  such  persons  as  are  inside  said  rail  can  approach  within 
five  feet  of  the  ballot  boxes  while  the  votes  are  being  taken,  and  no  person 
either  Inside  or  outside  of  said  guard  rail  shall  approach  nearer  than  five 
feet  to  any  booth  or  compartment  while  the  election  is  being  held  except 
the  voters  to  prepare  their  ballots,  or  the  poll  clerks  when  called  on  by  a 
voter  to  assist  in  the  preparation  of  his  ballot.  The  number  of  such  booths 
or  compartments  shall  not  be  less  than  two  nor  more  than  five,  and  no  per- 
son other  than  election  officers  and  voters  engaged  in  receiving,  preparing 
or  depositing  their  ballots,  shall  be  permitted  to  be  within  said  rail,  except 
by  authority  of  the  commissioners  of  election  for  the  purpose  of  keeping 
order  and  enforcing  the  law. 

Prevention  of  Disorder  at  the  Polls. 

46.  The  judges  of  election  shall  preserve  order  at,  and  in  the  vicinity  of 
the  polls,  and  keep  the  way  to  the  polls  open  and  free  from  obstruction, 
and  may  direct  disorderly  persons  to  be  removed  therefrom,  and,  if  neces- 
sary and  proper,  to  be  taken  and  held  in  custody  until  sunrise  of  the  next 
day,  or  for  any  shorter  time,  which  may  be  done  by  any  sheriff  or  constable 
or  other  person  or  i>ersons  designated  by  the  commissioners  of  election, 
and  for  such  purpose  no  warrant  nor  authority  in  writing  shall  be  neces- 
sary; and  the  jail  of  the  county  or  other  place  designated  by  the  commis- 
sioners of  election,  may  be  used  as  the  place  of  custody;  but  any  person 
so  arrested  shall  have  an  opportunity  to  vote,  if  he  be  entitled  to  do  so. 
before  he  shall  be  committed  to  jail,  if  he  so  desire,  and  shall  be  prepared 
to  do  so  promptly, 

47.  Any  person  offending  against  the  provisions  of  the  next  preceding 
section  shall,  notwithstanding  his  having  been  in  custody,  as  aforesaid,  be 
liable  to  any  penalty  or  punishment  for  his  offense,  prescribed  by  law;  and 


Ejlections  by  the  People.  23 

any  person  who,  being  thereto  commanded  by  the  commissioners  of  elec- 
tion, or  either  of  them,  either  verbally  or  in  writing  shall  fail  or  refuse  to 
assist  to  the  utmost  of  his  power,  in  whatever  may  be  necessary  or  proper 
to  prevent  intimidation,  disorder  or  violence  at  the  polls,  shall  forfeit  noi 
less  than  one  hundred  or  more  than  five  hundred  dollars. 

Challengers. 

48.  The  county  executive  committees,  or  the  chairman  thereof,  of  the 
two  political  parties  which  cast  the  largest  number  of  votes  in  the  State 
at  the  last  preceding  general  election,  may  appoint  a  challenger,  who 
must  be  a  qualified  voter  in  the  election  precinct  for  which  he  is  appointed, 
and  who  shall  be  entitled  to  remain  in  the  election  room  from  the  opening 
of  the  polls  until  the  counting,  ascertainment  and  declaration  of  the  result. 
If  such  appointment  be  not  so  made,  or  being  made  said  challenger  be  not 
present  at  the  opening  of  the  polls,  the  voters  present,  of  said  parties, 
respectively,  may  make  such  appointment. 

Every  challenger  so  appointed  as  aforesaid,  shall  before  entering  upon 
the  discharge  of  his  duties  take  and  subscribe  an  oath  to  the  following 
effect: 
State  of  Virginia, 

Count'!/,  ss. 

r,  A ,  B ,  do  solemnly  swear  that  I  will  faithfully 

and  honestly  discharge  my  duties  as  challenger  of  the  election  now  about 

to  be  held  in  precinct  No.  in  the  district  of 

County  of ,  State  of  West  Virginia,  and  that  I  will  not  disclose  nor 

communicate  to  any  person  how  any  elector  voted  nor  how  any  ballot  was 
folded,  marked,  printed  or  stamped. 

Subscribed  and  sworn  to  before  me,  this day  of  , 

Appointment  and  Pay  of  Challetigers — Duty  of  County  Court. 
Acts  of  1905  defining  "Duty  of  the  Clerk  of  the  County  Court,"  says: 
"and  challengers  of  election  shall  be  appointed  by  the  county  court  upon 
the  nomination   of  the   respective  county  chairmen   of  the  two   leading 
parties  and  paid  the  same  as  commissioners  of  election  but  for  one  day 
only." 
Part  of  Sec.  93,  of  Chap.  43,  Acts  1905. 

NOTE. — The    West    Virs:inia    Annotated    Code    1909    compiled    by    the 
West    Publishing    Company    includes    the    above    section,    relating 
to  challengers,  among  the  sections  repealed  by  Chapter  19,  of  th# 
Acts  of  1908,  Ex.   Session,  as  inconsistent  therewith. 
(See  Annotated  Code  1909,  Pg.  17.) 

The  editor  of  this  reprint  fails  to  find  sufficient  authority  for  such 
an  interpretation  and  therefore  includes  it  in  this  compilation  of  laws 
relating  to  elections. 

49.  If  any  person  offering  to  vote  shall  be  challenged  by  one  of  such 
challengers,  or  by  any  commissioner  of  election,  he  shall  stand  aside 
and  not  be  entitled  to  vote,  unless  he  makes  affidavit  in  writing  before  one 
of  the  commissioners  of  election  that  he  is  a  qualified  and  legal  voter  of 
the  precinct,  and  in  such  affidavit,  sets  forth  his  name,  age,  residence,  oc- 
cupation, place  or  places  of  residence  during  the  twelve  months  next  prior 
to  the  election,  with  the  date  of  any  removal  within  that  time,  and  the 


24  Elections  by  the  People. 


names  of  two  persons,  who  have  personal  knowledge  of  his  residence 
within  the  county  sixty  days  next  preceding  the  election.  Forms  of  aflR- 
davits  to  be  used  in  such  cases  shall  be  prepared  and  printed  under  the 
direction  of  the  board  of  ballot  commissioners  and  distributed  to  the 
several  places  of  voting  at  the  same  time  the  ballots,  poll  books,  etc.,  are 
sent  to  said  places. 

Persons  Accused  of  Illegal  Voting. 

50.  If  at  any  time  during  the  election  any  qualified  voter  shall  make 
affidavit  before  a  commissioner  of  election,  that  any  person  who  has  voted 
is  an  illegal  voter  in  such  precinct,  the  person  accused  shall  at  once  be 
arrested  by  any  constable  or  other  person  designated  by  the  election  com- 
missioners to  make  the  arrest,  and  by  him  delivered  to  the  civil  authorities. 
Any  person  desiring  to  make  such  affidavit  shall  be  admitted  to  the  elec- 
tion room  for  that  purpose.  Immediately  after  the  close  of  the  election, 
the  commissioners  of  election  shall  deliver  such  affidavit  to  some  justice 
of  the  peace  in  the  magisterial  district,  who  ihall  proceed  thereon  as  if 
the  affidavit  had  been  made  before  him. 

51.  Whoever  shall  knowingly,  or  wilfully,  make  false  affidavit,  under 
any  of  the  provisions  of  this  chapter,  shall  be  deemed  guilty  of  perjury, 
and  on  conviction  thereof  shall  be  confined  in  the  penitentiary  not  less 
than  one  nor  more  than  three  years. 

Time  Must  Be  Alloived  Employes  to  Vote. 

52.  Every  person  entitled  to  vote  at  any  general,  national,  state  or 
county  election,  who  may  be  employed  by  another  on  the  day  on  which  such 
©lection  shall  be  held  in  this  State,  shall  be  given  some  period  of  four 
hours,  or  more  if  necessary,  between  the  opening  and  the  closing  of  th« 
polls,  on  said  day,  for  the  purpose  of  enabling  such  person  to  repair  to 
his  place  of  voting  to  cast  his  vote  and  return;  and  any  circuit  court,  or 
the  judge  thereof  in  vacation,  may  enforce  the  provisions  of  this  section 
by  mandate,  or  otherwise,  upon  the  application  of  any  voter.  Every 
officer  of  any  corporation,  owner,  superintendent,  overseers,  foreman  or 
other  person,  who  employs  or  permits  to  be  employed  any  person  against 
his  will,  in  violation  of  this  section,  shall  be  guilty  of  a  misdemeanor  and 
fined  not  less  than  fifty,  nor  more  than  five  hundred  dollars. 

Conducting  the  Election. 

53.  Not  more  than  one  voter  for  each  compartment  mentioned  in  sec- 
tion forty-five  of  this  chapter  shall  be  allowed  in  the  election  room  at  ons 
time,  and  no  person  other  than  election  officers,  challengers  and  voters 
engaged  in  receiving,  preparing  and  depositing  their  ballots,  shall  be  per- 
mitted to  be  within  the  rail  except  by  authority  of  the  board  of  election 
judges,  for  the  purpose  of  keeping  order  and  enforcing  the  law. 

54.  No  person,  excepting  the  election  officers,  challengers  and  voters 
while  going  to  the  election  room  to  vote  and  returning  therefrom,  shall 


Elections  by  the  People.  25 

be  or  remain  within  sixty  feet  of  said  room;  but  this  section  shall  not 
apply  to  persons  living  or  carrying  on  business  within  that  distance  of  the 
election  room,  in  the  discharge  of  their  legitimate  business,  or  to  persons 
whose  business  requires  them  to  pass  and  repass  within  sixty  feet  of  such 
room. 

55.  At  or  before  the  opening  of  the  polls,  the  commissioners  of  election 
shall  open  the  package  of  ballots  in  such  a  manner  as  to  preserve  the  seals 
intact,  and  then  deliver  all  of  the  ballots  to  the  poll  clerks. 

56.  On  any  day  of  election  of  public  officers  in  any  election  precinct, 
each  qualified  voter  shall  be  entitled  to  receive  from  the  poll  clerk  one 
ballot.  On  entering  the  election  room  the  voter  shall  give  his  name  and 
residence  to  one  of  the  poll  clerks,  who  shall  thereupon  announce  the  same 
in  a  loud  and  distinct  tone  of  voice.  The  poll  clerk  shall  then  deliver  to 
him  one,  and  only  one,  ballot,  except  as  herein  otherwise  provided. 

57.  On  receipt  of  the  ballot,  the  voter  shall  forthwith,  and  without 
leaving  the  enclosed  space,  retire  alone  to  one  of  the  booths  or  compart- 
ments provided  for  the  purpose,  and  shall  prepare  his  ballot,  as  provided  in 
section  thirty-four  of  this  chapter.  After  preparing  his  ballot,  the  voter  shall 
fold  the  same  so  that  the  face  thereof  shall  not  be  exposed,  and  so  that  the 
names  of  the  poll  clerks  thereon  shall  be  seen,  unless  he  elect  to  vote 
openly.  When  the  voter  has  prepared  his  ballot  he  shall  then  vote  forth- 
with, and  before  leaving  the  polling  place.  He  shall  give  his  name  and 
present  his  ballot  to  one  of  the  commissioners  of  election,  who  shall  pro- 
claim in  a  loud  and  distinct  tone,  the  name  of  the  person  offering  to  vote, 
and  hand  the  ballot  to  another  of  said  commissioners  of  election- of  a  dif- 
ferent political  party  than  his  own,  an^d  if  a  majority  of  said  board  are 
satisfied  that  the  ballot  is  single,  and  that  the  person  is  entitled  to  vote 
at  the  said  election,  one  of  the  said  commissioners  of  election  shall  deposit 
the  ballot  in  the  ballot  box,  and  the  poll  clerks  shall  enter  the  name  of 
the  voter  on  the  poll-books  numbering  the  voters  in  the  order  in  which 
they  vote.  The  commissioners  of  election  may  inspect  every  ballot,  before 
it  is  deposited  in  the  ballot  box,  to  ascertain  whether  it  is  single,  but 
without  unfolding  or  unrolling  it  so  as  to  disclose  its  contents.  When 
the  voter  has  voted,  he  shall  retire  immediately  from  the  election  room 
and  beyond  the  sixty  feet  limit  thereof. 

58.  Not  more  than  one  person  shall  be  permitted  to  occupy  any  booth 
or  compartment  at  one  time  and  no  person  shall  remain  in  or  occupy  a 
booth  or  compartment  longer  than  may  be  necessary  to  prepare  his  ballot, 
and  in  no  event  longer  than  five  minutes.  No  voter,  or  person  offering  to 
vote,  shall  hold  any  conversation  or  communication  with  any  other  person 
than  the  poll  clerks  or  commissioners  of  election,  while  in  the  election 
room. 

59.  Any  voter  who  shall  spoil,  deface  or  mutilate  the  ballot  delivered  to 
him,  may  on  returning  the  same  to  the  poll  clerks,  receive  another  in  place 
thereof.  Every  person  who  does  not  vote  any  ballot  delivered  to  him,  shall 
before  leaving  the  election  room  return  such  ballot  to  the  poll  clerks. 
When  a  spoiled  or  defaced  ballot  is  returned,  the  poll  clerks  shall  make 
a  minute  of  the  fact  on  the  poll  list,  at  the  time,  and  such  ballot  shall 


26  Elections  by  the  People. 

then   be   destroyed   by   them   in   the   presence   of   the  commissioners   of 
election. 

60.  Any  voter  who  declares  or  indicates  to  the  poll  clerks  that  he 
cannot  read  or  write,  or  that  by  reason  of  physical  disability  he  is  unable 
to  prepare  his  ballot,  may  declare  his  choice  of  candidates  to  the  poll 
clerks,  who  in  the  presence  of  the  voter  and  in  the  presence  of  each  other, 
shall  prepare  his  ballot  for  voting  in  the  manner  hereinbefore  provided,  and 
on  request,  shall  read  over  to  such  voter  the  names  of  the  candidates  on 
the  ballot  as  so  prepared;  or  such  voter  may  require  the  poll  clerks  to 
indicate  to  him  the  relative  position  of  the  names  of  the  candidates  on 
the  ballot,  whereupon  the  voter  shall  retire  to  one  of  the  booths  or  com- 
partments, to  prepare  his  ballot  in  the  manner  hereinbefore  provided.  Any 
poll  clerk  who  shall  deceive  any  voter  in  selecting  or  preparing  any  ballot, 
or  prepare  the  same  in  any  other  way  than  as  requested  by  said  voter, 
shall  be  guilty  of  a  felony,  and  on  conviction  thereof,  shall  be  imprisoned 
in  the  penitentiary  for  not  less  than  two  nor  more  than  five  years. 

61.  No  commissioner  of  election  shall  deposit  in  the  ballot  box  any 
ballot  upon  which  the  names  of  the  poll  clerks  as  hereinbefore  provided 
for,  do  not  appear. 

62.  Any  person  who  shall  remove  or  attempt  to  remove  a  ballot  from 
the  election  room,  or  having  in  his  possession  outside  the  election  room 
any  ballot,  either  genuine  or  counterfeit,  during  the  election,  shall  be 
guilty  of  felony,  and  on  conviction  thereof,  shall  be  imprisoned  in  the  peni- 
tentiary not  less  than  two  nor  more  than  five  years. 

Ascertaining  the  Result  at  the  Several  Election  Precincts. 

63.  When  the  polls  are  closed  the  commissioners  of  election  and  poll 
clerks  shall  proceed  to  ascertain  the  result  of  the  election  in  the  manner 
hereinafter  specified,  and  shall  not  adjourn  nor  delay,  until  the  votes  are  all 
counted,  the  result  pscertained,  the  memorandum  made,  and  copies  thereof 
delivered  and  posted  as  hereinafter  required. 

64.  Immediately  on  closing  the  polls,  the  commissioners  of  election 
shall  count  all  the  ballots  remaining  not  voted,  record  the  number  of  the 
same  on  the  tally  sheets,  and  destroy  all  of  such  ballots,  by  immediately 
consuming  them  by  fire  or  otherwise. 

Counting   Names — Opening    BaVot   Box. 

65.  The  names  entered  on  the  poll  books  shall  then  be  counted  by  the 
commissioners  and  clerks,  and  the  number  thereof  be  set  down  in  words 
at  length  and  also  in  figures,  at  the  foot  of  the  lists,  which  shall  then  be 
signed  by  the  commissioners  and  clerks;  and  +he  ballot  box  shall  men 
be  opened,  and  one  of  the  commissioners  taking  therefrom  one  ballot  at 
a  time,  in  the  presence  of  all  the  other  officers,  shall  read  therefrom  the 
designations  of  the  offices  to  be  filled,  and  the  names  of  the  persons  voted 
for,  for  each  office,  and  hand  the  ballot  to  another  of  said  commissioners, 
differing  in  politics  from  himself,  who  if  satisfied  that  it  was  correctly 
read  shall  string  it  on  a  thread.    The  contents  of  the  ballots  as  they  are 


Elections  by  the  People.  27 

read,  shall  be  entered  by  the  poll  clerks,  under  the  supervision  of  the 
commissioners,  on  tally  papers  for  the  purpose,  by  suitable  marks  in 
ink,  made  opposite  to  or  under  the  name  of  each  person  voted  for,  so 
as  to  show  the  number  of  votes  received  by  every  person,  for  any  office 
to  be  filled  The  ballots  shall  be  counted  as  they  are  strung  upon  the 
thread,  and  whenever  the  number  counted  shall  be  equal  to  the  number 
of  votes  entered  upon  the  poll-books,  the  excess,  if  any,  remaining  in  the 
ballot  box,  shall  immediately  be  destroyed  by  fire  or  otherwise,  without 
unfolding  or  unrolling  the  same,  or  allowing  any  one  to  examine  or  know 
the  contents  thereof. 

Certain  Ballots  Not  to  he  Counted. 

66.  If  two  or  more  ballots  be  found  folded  or  rolled  together  and  the 
names  thereon,  be  the  same,  one  of  them  only  shall  be  counted,  but  if  the 
names  thereon  be  different,  in  any  particular,  neither  of  them  shall  be 
counted  except  as  hereinbefore  provided,  and,  in  either  case  the  commis- 
sioners of  election  shall,  in  writing,  in  ink,  place  a  common  number  on 
said  ballots  and  state  thereon  that  they  were  folded  or  rolled  together 
when  voted.  If  any  ballot  be  found  to  contain  more  than  the  proper 
number  of  names  for  any  office,  such  ballot  shall  not  be  counted  as  to 
such  office.  In  any  election  for  senator,  if  a  person  be  voted  for  on  any 
ballot  who  is  not  a  resident  of  the  proper  county,  as  required  by  the  fourth 
section  of  the  sixth  article  of  the  constitution,  such  ballot  shall  not  be 
counted  for  said  office.  Any  ballot  which  is  not  endorsed  with  the  names  of 
poll  clerks,  as  provided  in  this  chapter,  shall  be  void  and  shall  not  be  count- 
ed ;  and  any  ballot,  or  part  of  a  ballot,  from  which  it  is  impossible  to  deter- 
mine the  elector's  choice  of  candidates,  shall  not  be  counted  as  to  the 
candidate  or  candidates  affected  thereby.  On  completing  the  count  and 
recording  the  same  on  tally  sheets,  the  commissioners  of  election  shall 
immediately  make  a  memorandum  of  the  total  vote  cast  for  each  candi- 
date, deliver  a  copy  thereof  to  each  member  of  such  board,  and  post  a 
copy  thereof  on  the  front  door  of  the  polling  room,  and  transmit  a  copy 
thereof  to  the  clerk  of  the  county  court,  who  shall  post  the  same  in  his 
office  for  public  inspection. 

Precinct  Returns  of  Election  Results. 

67.  As  soon  as  the  results  are  ascertained,  the  commissioners  of  elec- 
tion, or  a  majority  of  them,  at  each  place  of  voting,  shall  make  out  and 
sign  two  certificates  thereof,  in  the  following  form  or  to  the  following 
effect:     "We,  the  undersigned,  who  acted  as  commissioners  of  the  election 

held  at  precinct  No. ,  in  the  district  of ,  and  county  of ,  on  the 

(Jay  of ,  do  certify  that,  having  been  first  duly  sworn,  we  hare  fairly 

and  impartially  held  the  said  election  according  to  law,  and  the  result 

thereof  is  as  follows:     For  the  office  of  (here  designate  the 

office,  as  for  example,  'delegate  for  the  county  of  Barbour,'  or  'Senator 
for  the  first  senatorial  district,'  'Judge  for  the  first  circuit,'  'Representa- 
tive in  the  congress  of  the  United  States  for  the  first  congressional  die- 


28  Elections  by  the  People. 

trict,'  'Grovernor  of  the  state,'  'Judge  of  the  supreme  court  of  appeals,' 
•Justice  of  the  peace  of  said  district,'  and  so  forth  as  the  case  may  be.) 
A.  B.  received — votes,  C.  D.— votes,  E.  F. — votes,"  and  so  on  throughout, 
stating  according  to  the  truth,  the  full  name  of  every  person  voted  for, 
for  every  office,  and  in  words  at  length,  and  also  in  figures,  the  number  of 
votes  he  received  for  same;  and  concluding  as  follows:     Given  under  our 

hands  this day  of  ."    The  said  two  certificates  shall  contain 

complete  returns  of  the  polls,  taken  at  the  said  place  of  voting  for  every 
office  to  be  filled.  When  the  said  certificates  are  signed,  the  ballots  shall 
be  enclosed  by  the  commissioners  in  an  envelope,  which  they  shall  seal 
up,  and  write  their  names  in  ink  across  the  place  or  places  where  it  is 
sealed  and  endorse  in  ink  on  the  outside  of  the  said  envelope  as  follows: 

"Ballots  of  the  election  held  at  precinct  No.  ;  in  the  district  of  , 

and  county  of  the  day  of ."     One  of  the  commissioners  of 

the  election  shall,  within  three  days  (excluding  Sunday),  after  the  day 
on  which  the  election  was  held,  deliver  the  ballots  so  sealed  up,  one  set 
of  the  poll-books  and  tally  sheets  and  one  of  said  certificates  to  the  clerk 
of  the  county  court  and  the  other  certificate,  and  set  of  poll-books  and 
tally-sheets  to  the  clerk  of  the  circuit  court,  all  of  which  shall  be  preserved 
in  the  respective  offices  of  said  clerks. 

Canvassing  Board. 

68.  The  commissioners  of  the  county  court  shall  be  ex-officio  a  board 
of  canvassers,  i&.nd  as  such,  shall  keep  in  a  well-bound  book,  marked: 
"election  record,"  a  complete  record  of  all  their  proceedings  in  ascertain- 
ing and  declaring  the  result  of  every -election  in  their  respective  counties. 
They  shall  convene  as  such  canvassing  board  at  the  courthouse  on  the 
fifth  day  (Sundays  excepted),  after  every  election  held  in  their  county 
or  in  any  district  thereof,  and  the  officers  in  whose  custody  the  ballots, 
poll-books,  tally-sheets  and  certificates  have  been  placed  shall  lay  the  same 
before  them  for  examination.  They  may,  if  deemed  necessary,  require 
the  attendance  of  any  of  the  commissioners,  poll  clerks  or  other  persons 
present  at  the  election,  to  appear  and  testify  respecting  the  same,  and 
make  such  other  orders  as  shall  seem  proper,  to  procure  correct  returns 
and  ascertain  the  true  result  of  the  said  election  in  their  county;  but  in 
such  case  all  of  the  questions  to  the  witnesses  and  all  the  answers  thereto, 
and  evidence,  shall  be  taken  down  in  full  and  spread  upon  the  record.  All 
orders  made  shall  also  be  entered  upon  the  record.  They  may  adjourn 
from  time  to  time,  hut  no  longer  than  absolutely  necessary,  and  when  a 
majority  of  the  commissioners  are  not  present,  their  meeting  shall  stand 
adjourned  till  the  next  day,  and  so  from  day  to  day,  till  a  quorum  be 
present.  The  board,  before  proceeding  to  canvass  the  returns  of  the  elec- 
tion, shall  open  each  sealed  package  of  ballots  so  laid  before  them,  and 
without  unfolding  them  count  the  number  in  each  package  and  enter 
the  same  upon  their  said  record.  The  ballots  shall  then  be  again  sealed 
up  carefully  in  a  new  envelope,  and  each  member  of  the  board  shall  write 
his  name  across  the  place  where  said  envelope  is  sealed.  After  canvassing 
the  returns  of  the  election,  the  board  shall,  upon  the  demand  of  any  candi- 


Elections  by  the  People.  29 

date  voted  for  at  such  election,  open  and  examine  any  one  or  more  of  the 
sealed  packages  of  ballots,  and  recount  the  same;  but  in  such  case  they 
shall  seal  the  same  again,  along  with  the  envelope  above  named,  and  the 
clerk  of  the  county  court,  and  each  member  of  the  board,  shall  write  his 
name  across  the  place  or  places  where  it  is  sealed,  and  endorse  in  ink,  on 

the  outside:   "Ballots  of  the  election  held  at  precinct  No.  ,  in  the 

district  of  ,  and  county  of  ,  on  the  day  of  r." 

When  they  have  made  their  certificates  and  declared  the  result,  as  here- 
inafter provided,  they  shall  deposit  the  sealed  packages  of  ballots,  poll- 
books,  tally-sheets,  and  precinct  certificates,  with  the  clerks  of  the  county 
and  circuit  courts,  from  whom  they  were  received,  who  shall  carefully 
preserve  the  same  for  one  year,  and  if  there  be  no  contest  pending  as  to 
any  such  election,  said  ballots,  poll-books,  tally-sheets  and  certificates,  shall 
be  destroyed  by  fire  or  otherwise  without  opening  the  sealed  packages 
of  ballots;  and  if  there  be  such  contest  pending,  then  they  shall  be 
destroyed  as  soon  as  said  contest  is  ended.  If  the  result  of  election  is 
not  changed  by  such  recount,  the  cost  and  expenses  thereof  shall  be  paid 
by  the  party  at  whose  instance  the  same  was  made. 

69.  When  an  election  is  held  in  the  county  or  district  for  any  of  the 
following  offices,  that  is  to  say:  For  governor,  auditor,  treasurer,  state 
superintendent  of  free  schools,  attorney  general,  judge  of  the  supreme 
court  of  appeals,  judge  of  the  circuit  court,  senator,  delegate,  clerk  of 
the  circuit  court,  clerk  of  the  county  court,  commissioner  of  the  county 
court,  prosecuting  attorney,  sheriff,  surveyor  of  lands,  assessor,  justice 
of  the  peace,  constable,  or  other  office  within  the  county,  representative  in 
the  congress  of  the  United  States  or  electors  of  president  and  vice- 
president  of  the  United  States,  the  board  of  canvassers  of  the  county,  or  a 
majority  of  them,  under  the  regulations  prescribed  in  the  next  preceding 
section,  shall  carefully  and  impartially  ascertain  the  result  of  the  election 
in  their  county  and  in  each  district  thereof,  and  shall  record  the  same 
in  the  following  form,  or  to  the  following  effect:  "The  board  of  can- 
vassers of  the  county  of ,  having  carefully  and  impartially  examined 

the  returns  of  the  election  held  in  said  county,  in  each  district  thereof, 

on  the day  of ,  do  hereby  certify  that  in  said  county  for  the  otHce 

of ,  A B received votes,  C D received  votes, 

and  EJ F received votes."  "And  we  further  certify  that  at  said 

election  held  in  the  district  of ,  in  said  county  for  the  office  of 

G H —     received     votes,     and     I 

J received votes."     (And  so  on  to  each  particular  office.)     In 

the  said  certificates  shall  be  set  forth,  according  to  the  truth,  the  full  name 
of  every  person  voted  for,  and  in  words  at  length,  the  number  of  votes  he 
'  received  for  any  office.  When  the  certificates  are  all  entered,  the  record 
shall  be  signed  by  the  board  or  a  majority  of  them.  The  said  board  shall 
sign  separate  certificates  of  the  result  of  the  election  within  the  county, 
for  each  of  the  offices  to  be  filled. 

Certificates;  to  Whom  Sent;  How  Disposed  of;  Proceedings  Thereon. 

70.    The  separate  certificates  of  the  board  of  canvassers,  made  pursuant 


30  Elections  by  the  People. 

to  the  preceding  section,  shall  be  by  them  disposed  of  as  follows:     Of  the 
certificates  respecting  the  election   for  delegate    or    delegates,    they   shall 
transmit  one  to  each  person  voted  for  as  delegate  and  shall  transmit  one 
to  the  secretary  of  state,  who  shall  submit  the  same  to  the  house  on  the 
first  day  of  the  ensuing  regular  session,  together  with  a  list  of  the  persons 
appearing  thereby  to  be  elected.    Of  the  certificates  respecting  the  election 
of  senator,  they  shall  transmit  one  to  each  person  voted  for  as  senator, 
and  shall  transmit  one  to  the  secretary  of  state,  to  be  submitted  by  him 
to  the  senate,  on  the  first  day  of  the  ensuing  regular  session,  together 
with  a  list  of  persons  appearing  thereby  to  be  elected.    Of  the  certificates 
respecting  the  election  of  the  governor,  auditor,  treasurer,  state  superin- 
tendent of  free  schools  and  attorney  general,  one      as  to  each  of  said 
offices,  shall  be  sealed  up  and  transmitted  by  said  commissioners  to  the 
secretary  of  state  endorsed  on  the  envelope  as  follows:   "Returns  of  the 
election    for   governor,    auditor,    treasurer,    state    superintendent  of   free 
schools    and    attorney    general."      The    secretary    of    state    shall    deliver 
the  same  unopened,  to  the  speaker  of  the  house  of  delegates,  on  the  first 
day  of  the  next  session  of  the  legislature;  and  the  speaker  shall,  Immedi- 
ately after  the  organization  of  the  house,  and  before  proceeding  to  other 
business,  open  and  publish  the  same  in  the  presence  of  a  majority  of  each 
house  of  the  legislature,  which  bodies  shall,  for  that  purpose,  assemble 
in  the  hall  of  the  house  of  delegates.     The  person  having  the  highest 
number  of  votes  for  either  of  said  offices,  shall  be  declared  duly  elected 
thereto;  but  if  two  or  more  persons  have  an  equal  and  the  highest  num- 
ber of  votes  for  the  same  office,  the  legislature  shall,  by  a  joint  vote  ot 
the  two  houses,  choose  one  of  the  said  persons  for  said  office;  and  one  of 
each   said   last  mentioned   certificates,   shall   also   be   transmitted   upder 
seal,  to  the  governor,  who  shall  immediately  tabulate  the  vote  :n  all.tiie 
counties,  for  each  office,  and  cause  the  same  to  be  published  in  some 
newspaper   published    at   the    seat    of    government.     Of    the    certificates 
respecting  the  election  for  judge  of  the  supreme  court  of  appeals,  judge  of 
a  judicial  circuit,  representative  in  the  congress  of  the  United  States,  and 
electors  of  president  and  vice  president  of  the  United  States,  respectively, 
the  commissioners  shall  transmit  one  in  each  case  to  the  person  voted 
for,  and  one  to  the  governor;   and  the  governor  shall  ascertain  who  are 
elected,  and  make  proclamation  thereof. 

Of   the  certificates  respecting  the   election   of  all   county  and   district 
officers  one  shall  be  transmitted  to  each  i>erson  for  whom  votes  were  cast. 

71.  When  the  governor  is,  or  the  board  of  canvassers  of  a  county  are, 
to  declare  the  result  of  an  election  and  it  appears  to  him  or  them  that 
two  or  more  of  the  persons  voted  for  have  received  the  highest  and  an 
equal  number  of  votes  so  that  the  election  to  the  office  is  not  decided  by 
the  returns,  he,  or  they,  being  required  to  declare  the  result,  shall  decide  • 
the  tie  by  the  election  of  one  of  said  persons. 

Declaring  the  Result  of  the  Election  for  County  and  District  Officers  in 
Case  of  Contested  Election. 

72.  In  all  cases  of  contested  election  the  county  court  shall  bt  tht 


Elections  by  the  People.  31 


judge  of  election,  qualifications  and  returns  of  their  own  members,  and  of 
all  county  and  district  officers. 

73.  Though  illegal  votes  be  received  or  legal  votes  be  rejected,  at  any- 
place of  voting,  the  returns  of  the  votes  taken  at  such  place  shall  not  be 
set  aside  for  that  cause,  but  it  may  be  shown  by  proper  evidence  before 
the  tribunal  authorized  by  law  to  hear  and  determine  contested  elections, 
for  whom  such  illegal  votes  or  any  of  them  were  cast,  or  for  whom  the 
legal  votes  which  were  rejected  would  have  been  given  and  so  far  only  as  is 
so  shown  the  returns  shall  be  corrected. 


Additional  Offenses  and  Penalties. 

74.  Any  officer  or  person  who  shall  offend  in  any  of  the  following  par- 
ticulars: 

P^RST.  Any  commissioner  of  election  or  poll  clerk  who  shall  knowingly 
make  or  cause  to  be  made,  or  conspire  with  others  to  make,  a  false  return 
of  the  result  of  the  votes  cast  for  any  candidate  at  a  precinct  election  held 
pursuant  to  law;    or, 

Second.  Any  commissioner  of  election  receiving  the  ballot  or  a  voier 
to  be  deposited  in  the  ballot-box  at  any  precinct  election,  who  shall  put 
another  ballot  in  the  box  instead  of  the  one  so  received  by  him;  or. 

Third.  Any  commissioner  of  election  or  poll  clerk  who  shall  count  and 
string  a  ballot  not  taken  from  the  ballot  box,  in  lieu  of  one  taken  or 
which  should  have  been  taken,  from  such  ballot-box;   or. 

Fourth.  Any  commissioner  of  a  county  court,  whether  acting  as  such 
or  ex-officio  as  a  member  of  a  board  of  canvassers  or  otherwise,  clerk  of  a 
county  court,  or  other  person,  who  shall  abstract  from  any  package  of 
ballots  voted,  sealed  and  returned  from  any  precinct  election  either  before 
or  after  they  are  filed  with  the  clerk  of  the  circuit  or  county  court, 
or  who  shall  in  any  manner  change  any  such  ballot  from  what  it  was 
when  voted  by  the  voter,  or  who  shall  put  another  ballot  in  such  package 
in  the  place  of  one  so  abstracted  therefrom;   or, 

F^FTH.  Any  commissioner  of  a  county  court,  whether  acting  as  such 
commissioners  or  ex-officio  as  a  member  of  a  board-  of  canvassers  or  other- 
wise, who  shall  knowingly  make  and  enter  of  record,  or  in  any  way  aid, 
counsel  or  advise  the  same  to  be  done  or  permit  the  same  to  be  done 
without  objection  on  his  part,  any  false  or  fraudulent  statement  of  the 
result  of  any  election  held  within  their  county;   or. 

Sixth.  Any  person  who  shall  aid,  assist,  counsel  or  advise  in  the  com- 
mission of  any  of  the  offenses  above  specified;  every  such  officer  or  per- 
son so  offending  shall  be  guilty  of  felony,  and  upon  conviction  thereof 
shall  be  confined  in  the  penitentiary  not  less  than  five  nor  more  than  ten 
years,  and  at  the  discretion  of  the  court,  he  may  in  addition  thereto,  be 
fined  not  less  than  five  hundred  nor  more  than  five  thousand  dollars.  And 
any  person  who  shall  falsely  make  or  fraudulently  deface  or  fraudulently 
destroy,  any  certificate  of  nomination  or  any  part  thereof;  or  file  any 
certificate  of  nomination,  knowing  the  same  or  any  part  thereof,  to  be 
falsely  made,  or  suppress  any  certificate  of  nomination  which  has  been 


32  Elections  by  the  People. 


duly  filed,  or  any  part  thereof;  or  forge  or  falsely  make  the  official 
endorsement  of  any  ballot,  or  print  or  cause  to  be  printed,  any  imitation 
ballot,  or  circulate  the  same,  or  erase,  deface,  or  change  in  any  manner, 
any  election  record,  or  any  ballot,  poll  book,  tally  sheet  or  certificate  of 
election  deposited  with  either  of  the  clerks  of  the  county  or  circuit  courts; 
or  conspire  with  another  to  do  any  of  said  acts,  or  induce  or  attempt  to 
induce,  any  other  person  to  do  any  of  said  acts,  whether  or  not  said  acts, 
or  any  of  them,  be  committed  or  attempted  to  be  committed,  shall  be 
deemed  guilty  of  a  felony  and  upon  conviction  thereof  shall  be  punished  by 
imprisonment  in  the  penitentiary  not  less  than  two  nor  more  than  five 
years. 

75.  Any  clerk,  member  of  the  board  of  ballot  commissioners,  commis- 
sioner of  election,  or  other  messenger  entrusted  with  the  custody  of  the 
ballots,  who  shall  open  any  of  the  packages  in  which  the  ballots  are  con- 
tained, or  permit  any  of  them  to  be  opened,  or  destroy  any  of  such  ballots, 
or  permit  them  to  be  destroyed,  or  give,  or  deliver  any  such  packages  or 
ballots  to  any  person  not  lawfully  entitled  to  receive  them,  as  herein  pro- 
vided; or  conspire  to  procure,  or  in  any  way  aid,  abet,  or  connive  at  any 
robbery,  loss  or  unlawful  destruction  of  any  such  ballots  or  packages 
shall  be  guilty  of  a  felony,  and  on  conviction  thereof  shall  be  punished  by 
imprisonment  in  the  penitentiary  for  not  less  than  three  nor  more  than 
ten  years. 

76.  If  any  person  shall  induce,  or  attempt  to  induce,  any  voter  to  write, 
paste,  or  otherwise  place  on  his  ballot,  the  name  of  any  person,  or  any  sign 
or  device  of  any  kind,  as  a  distinguishing  mark  by  which  to  indicate  to 
any  other  person  how  such  voter  voted,  or  shall  enter  into  or  attempt  to 
form  any  agreement  or  conspiracy  with  any  other  person  to  induce  or 
attempt  to  induce  a  voter  to  so  place  a  distinguishing  name  or  mark  on 
his  ballot,  whether  or  not  said  act  be  committed  or  attempted  to  be  com- 
mitted, such  person  so  offending  shall  be  guilty  of  a  felony,  and  on  con- 
viction thereof,  be  imprisoned  in  the  penitentiary  not  less  ^than  two 
nor  more  than  five  years,  or  he  may,  at  the  discretion  of  the  court,  be  fined 
not  less  than  one  hundred  nor  more  than  five  hundred  dollars,  and  be 
imprisoned  in  the  county  jail  not  less  than  one  month  nor  more  than  six 
months. 

77.  If  any  commissioner  of  election,  or  a  poll  clerk,  shall  reveal  to  any 
person  how  any  voter  has  voted,  or  what  other  candidates  were  voted  for 
on  any  ballot  bearing  a  name  not  printed  thereon  by  the  board  of  ballot 
commissioners,  or  give  any  information  concerning  the  appearance  of  any 
ballot  voted,  such  person  so  offending  shall  be  guilty  of  a  felony,  and  on 
conviction  thereof  shall  be  imprisoned  in  the  penitentiary  not  less  than 
two  nor  more  than  five  years. 

78.  If  any  person  shall  induce,  or  attempt  to  induce,  by  the  use  of  any 
unlawful  means,  any  commissioner  of  election  or  poll  clerk  to  violate  any 
of  the  provisions  of  this  chapter,  whether  or  not  such  commissioner  of 
election  or  poll  clerk,  shall  violate  or  attempt  to  violate  any  of  the  pro- 
visions thereof,  such  person  so  offending  shall  be  guilty  of  a  felony,  and 
on  conviction  thereof,  shall  be  imprisoned  in  the  penitentiary  not  lesg 
than  two  nor  more  than  five  years. 


Elections  by  the  People.  33 

79.  No  officer  of  election  shall  disclose  to  any  person  the  name  of  any 
candidate  for  whom  a  voter  has  voted.  No  officer  of  election  shall  do  any 
electioneering  on  election  day.  No  person  whatever  shall  do  any  elec- 
tioneering on  election  day  within  any  polling  place,  or  within  sixty  feet 
of  any  polling  place.  No  person  shall  apply  for  or  receive  any  ballot  in 
any  polling  place,  other  than  that  in  which  he  is  entitled  to  vote,  nor  shall 
any  person  examine  a  ballot  which  any  voter  has  prepared  for  voting  or 
solicit  the  voter  to  show  the  same,  nor  ask  nor  make  any  arrangement, 
directly  or  indirectly,  with  any  voter  to  vote  an  open  ballot.  No  person 
except  a  commissioner  of  election  shall  receive  from  any  voter  a  ballot 
prepared  by  him  for  voting.  No  voter  shall  receive  a  ballot  from  any 
person  other  than  one  of  the  poll  clerks;  nor  shall  any  person  other 
than  a  poll  clerk  deliver  a  ballot  to  a  commissioner  of  election,  to  be 
voted  by  such  commissioner.  No  voter  shall  deliver  any  ballot  to  a  com- 
missioner of  election  to  be  voted,  except  the  one  he  receives  from  the 
poll  clerk.  No  voter  shall  place  any  mark  upon  his  ballot,  nor  suffer 
or  permit  any  other  person  to  do  so,  by  which  it  may  be  afterward  identi- 
fied as  the  ballot  voted  by  him.  Whoever  shall  violate  any  provision  of 
this  section  shall  be  deemed  guilty  of  a  felony  and  on  conviction  thereof 
shall  be  punished  by  imprisonment  in  the  penitentiary  for  not  less  than 
one  nor  more  than  two  years. 

80.  Any  public  officer,  upon  whom  any  duty  is  imposed  by  this  chapter, 
who  shall  wilfully  neglect  or  refuse,  or  omit  to  perform  such  duty,  or  do  any 
act  prohibited  herein,  for  which  punishment  is  not  otherwise  provided, 
shall  be  deemed  guilty  of  a  felony,  and  on  conviction  thereof,  shall  be  pun- 
ished by  imprisonment  in  the  penitentiary  for  not  less  than  one  nor  more 
than  three  years. 

81.  If  any  person  not  herein  authorized  so  to  do,  shall  enter  or  attempt 
to  enter  the  election  room  or  shall  remain  within  sixty  feet  of  the  polling 
place,  contrary  to  the  provisions  hereinbefore  made,  he  shall  be  guilty  of  a 
misdemeanor,  and,  on  conviction  thereof,  shall  be  fined  not  less  than  ont 
hundred  dollars  nor  more  than  five  hundred  dollars,  and  confined  in  the 
county  jail  not  less  than  thirty  days. 

82.  If  any  person  shall,  during  the  election,  remove  or  destroy  any  of  the 
supplies  or  other  conveniences  placed  in  the  booths  or  compartments  as 
aforesaid,  or  deliver  to  the  voter  for  the  purpose  of  enabling  the  voter  to  pre- 
pare his  ballot,  or  shall,  during  an  election,  remove,  tear  down  or  deface 
the  cards  printed  for  the  instruction  of  the  voters,  or  shall,  during  an 
election  destroy  or  remove  any  booths,  railing  or  other  conveniences,  pro- 
vided for  such  election,  or  shall  induce  or  attempt  to  induce  any  person  to 
commit  any  of  such  acts  whether  or  not  any  of  such  acts  be  committed,  or 
attempted  to  be  committed,  shall  be  guilty  tf  misdemeanor,  and,  on  con* 
viction  thereof,  shall  be  punished  by  imprisonment  in  the  county  jail  for 
not  less  than  six  months  nor  more  than  one  year. 

Affidavit  Taken  During  Election. 

83.  All  affidavits  provided  for  in  this  chapter,  to  be  used  on  the  day  •f 
election    at  the    several  polling    places,    shall,    unless    herein    otherwise 


34  Elections  by  the  People. 

directed,  at  the  close  of  the  count,  be  placed  in  a  strong  and  durable 
envelope,  by  the  commissioners  of  election,  and  securely  sealed  by  them, 
and  each  of  then  shall  endorse  his  name  on  the  back  of  such  envelope, 
which  shall,  within  three  days  after  the  election,  be  delivered  by  one  of 
the  commissioners  of  election,  to  the  clerk  of  the  circuit  court  of  the 
county,  whose  duty  it  shall  be  to  carefully  preserve  the  same  and  deliver 
it,  with  the  seal  unbroken,  to  the  foreman  of  the  grand  jury  when  next 
in  session.  It  shall  be  the  duty  of  such  grand  jury  to  enquire  into  the 
truth  or  falsity  of  such  affidavits. 

84.  "When  any  county  or  magisterial  district  holds  an  election  at  any 
time  other  than  the  time  of  a  general  election,  such  election  shall  \t 
nominations  of  candidates  shall  be  made  and  certificates  filed  as  herein 
provided  for,  be  held  in  conformity  with  the  provisions  of  this  chapter, 
and  all  county  and  local  ofRcers  who  are  required  to  perform  any  duties 
in  connection  with  the  general  election  shall  perform  the  same  duties  in 
connection  with  such  special  or  local  election  subject  to  the  same  provisions 
and  penalties  herein  prescribed  in  case  of  general  elections. 

Municipal  Elections. 

85.  Every  municipal  election  shall  be  held  in  conformity  with  the  pro- 
visions of  this  act,  except  that  the  duties  herein  required  of  the  county 
and  circuit  court  clerks  shall  be  performed  by  the  municipal  clerk  (or 
recorder,  as  the  case  may  be) ;  the  duties  herein  required  of  the  com- 
missioners of  the  county  court  shall  be  performed  by  the  municipal  coun- 
cil; the  duties  herein  required  of  the  county  sheriff  shall  be  performed  by 
the  municipal  marshal,  sergeant  (or  chief  of  police,  as  the  case  may  be) : 
and  the  rights  of  designation  of  election  officers  by  political  p-arties  shall 
be  exercised  by  the  chairman  of  committees  of  such  parties  in  the 
municipality,  if  such  there  be.  Municipal  officers  are  hereby  required  to 
perform  the  various  duties  herein  prescribed  for  county  officers  in  whose 
stead  they  act,  subject  to  the  same  provisions  and  penalties  herein  pre- 
scribed as  to  such  county  officers,  except  in  any  municipality  giving  at 
the  last  preceding  election  therein  less  than  six  hundred  votes,  in  which 
an  election  is  held  for  municipal  officers  without  any  nominations  of 
candidates  having  been  made  and  certified,  as  herein  provided,  by  at 
least  two  political  parties  or  organizations  of  citizens  representing  a 
political  principle,  said  election  may  be  held  and  conducted  under  the 
laws  in  force  in  this  State  on  the  day  before  this  chapter  as  amended 
by  chapter  twenty-five  of  the  acts  of  1893,  took  effect,  and  shall  be  counted 
and  certified  and  the  result  declared  under  the  provisions  of  this  chapter. 

Compensation  of  Election  Officers. 

86.  Every  commissioner  of  election,  poll  clerk,  challenger  and  ballot 
commissioner  shall  be  allowed  two  dollars  each  day  he  shall  serve  as 
such  and  two  dollars  in  addition  to  five  cents  mileage  to  messenger  for 
delivering  the  ballots,  ballot  boxes,  poll  books  and  tally  sheets  to  voting 
place  and  two  dollars  in  addition  to  five  cents  mileage  for  returning 
the  same. 


ELECTIOiSS  BY   THE  PEOPLE.  35 

The  ballot  commissioner  shall  not  receive  an  allowance  for  more  than 
two  days. 

Election  Expenses  of  County  and  Municipal  Charge. 

87.  The  printing  of  ballots  and  all  other  expenses  incurred  in  providing 
for,  holding  and  making  returns  of  elections,  shall  be  a  county  charge  and 
shall  be  audited  by  the  county  court  and  paid  out  of  the  county  treasury, 
except  where  the  oflBcers  to  be  voted  for  are,  exclusively,  municipal  officers, 
in  which  case  such  expense  shall  be  a  municipal  charge,  the  payment  of 
which  shall  be  provided  for  in  the  same  manner  as  other  municipal  ex- 
penses. 

Election  Days  Legal  Holidays. 

88.  All  election  days  shall  be  legal  holidays  throughout  the  district  or 
municaplity  in  which  the  election  is  held. 

Mandamus  to  Compel  Performance  of  Duty. 

89.  Any  officer  or  person  upon  whom  any  duty  is  devolved  by  this 
chapter,  may  be  compelled  to  perform  the  same  by  writ  of  mandamus.  The 
circuit  courts  or  the  judges  thereof  in  vacation,  shall  have  jurisdiction 
by  such  writ,  and  shall,  upon  affidavit  filed,  showing  a  proper  case  without 
a  rule  to  show  cause,  issue  such  writ  to  be  returned,  heard  and  determined 
without  unnecessary  delay.  If  a  circuit  court,  or  a  judge  thereof  in  vaca- 
tion shall  proceed  against  any  board  of  canvassers  by  mandamus,  or  other- 
wise, to  control,  in  any  manner  the  action  of  said  board  in  the  perform- 
ance of  its  duty,  under  the  provisions  of  section  sixty-eight  of  this 
chapter,  in  any  case  concerning  the  election  of  a  member  of  the  house 
of  delegates  or  a  State  senator  and  shall  fail  to  enter  a  final  order  in 
such  proceedings  settling  all  questions  presented  therein  within  fifteen  days 
from  the  commencement  of  such  proceedings,  unless  delayed  by  proceed- 
ings of  the  supreme  court  of  appeals,  or  a  judge  thereof  in  vacation,  the 
same  shall  stand  dismissed;  and  such  board  shall  convene  within  not  less 
than  five  days  thereafter,  and  proceed  forthwith  to  the  performance  of  its 
duty  under  the  provisions  of  said  section.  A  mandamus  shall  lie  from  the 
supreme  court  of  appeals,  or  any  one  of  the  judges  thereof  in  vacation 
returnable  before  said  court,  to  compel  any  officer  herein  to  do  and  perform 
legally  any  duty  herein  required  of  him.  And  respecting  the  election  of 
a  member  of  the  house  of  delegates  and  state  senator,  a  writ  of  certiorari, 
mandamus  or  prohibition  shall  lie  from  the  said  supreme  court  of  appeals, 
or  a  judge  thereof  in  vacation,  returnable  before  said  court,  to  correct 
any  error  of  law  and  review  and  correct  the  proceedings  of  any  circuit 
court  or  the  judge  there  in  vacation,  or  any  board  of  canvassers. 
"When  any  such  writ  of  mandamus,  prohibition  or  certiorari  shall  be  issued 
by  said  court  or  a  judge  thereof  in  vacation,  it  shall  be  the  duty  of  said 
court  to  convene  in  special  session  at  the  State  capitol,  not  later  than 
ten  days  from  the  date  of  the  writ,  to  hear  and  determine  all  matters 
arising  upon  said  writ,  which  matters  shall  have  precedence  over  all  other 


36  Bisections  by  the  People. 

business  pending  in  said  court  and  be  determined  within  five  days  from 
the  assembling  thereof,  and  in  any  case,  in  ample  time  for  the  case  to  b* 
remanded  and  final  action  taken  by  the  circuit  court  and  the  board  of 
canvassers  in  order  that  such  board  may  perform  its  duty  and  issue  the 
certificate  of  election  befort  the  second  Wednesday  in  January,  then, 
next  following.  In  mandamus  and  prohibition  proceedings  under  this  sec- 
tion the  same  may  be  upon  affidavit  alone,  and  no  rule  to  show  cause,  nor 
alternative  writ,  shall  be  necessary. 

Witness  Compelled  to   Testify,   Though  Implicated. 

90.  Every  person  called  as  a  witness  as  to  any  violation  of  any  of  the 
provisions  of  this  chapter,  shall  be  compelled  to  testify  fully  concerning 
the  same;  but  if  such  witness  testify  fully,  he  shall  be  exonerated  from 
such  offense  in  which  he  is  implicated,  and  shall  not  be  prosecuted 
therefor. 


REGISTRATION  LAW. 


CHAPTER  45,  ACTS  1911. 

As  amended  by  Chapter  26,  Acts  1913. 

Sec. 

1.  County  court  to  appoint  registrars  for  eacli  precinct  in  the  county  ;  one  each 
from  political  parties ;  may  be  suggested  by  chairman  ;  suggestion  to  be  In 
writing ;  penalty  for  forgery ;  who  shall  not  serve  as  registrars ;  may  be 
selected  from  another  precinct,  when  ;  duty  of  clerk  to  notice  ;  registrar  shall 
take  oath  of  office. 

2.  County  court  shall  cause  to  be  prepared  books  and  blanks  for  the  registra- 
tion of  the  voters  ;  how  books  are  to  be  arranged. 

3.  Clerk  of  county  court  shall  notify  registrars,  and  cause  to  be  delivered  to 
them  books  and  blanks ;  registrars'  duty  ;  clerk  of  county  court  shall  furnish 
list  of  voters  last  taken. 

4.  Registrars  may  administer  oath  for  purposes  in  this  act ;  list  of  questions  as 
to  right  to  register. 

5.  In  case  of  doubt  registrar  may  mark  affidavit ;  penalty  for  making  affidavit 
falsely. 

6.  Registrars  having  completed  the  registration,  shall  sit  together  for  two  days, 
when ;  books  shall  be  open  to  inspection,  and  voters  may  be  registered. 

7.  When  county  court  shall  convene,  and  register  voters  and  strike  off  illegal 
voters ;  an  order  must  be  made  in  each  case  ;  appeal  may  be  taken  ;  penalty 
for  improperly  adding  to  or  omitting  from  list. 

8.  Duty  of  courts  to  hold  session. 

9.  How  voter  may  obtain  transfer. 

10.  Copy  of  registration  to  be  furnished  commissioners  of  election. 

11.  No  person  allowed  to  vote  unless  registered ;  penalty  for  violation  of  pro- 
visions of  this  act. 

12.  Penalty  against  registrar  for  wilful  neglect. 

13.  Compensation  to  registrars  and  how  paid. 


Elections  by  the  People.  37 


14.  Registration  books  to  be  returned  to  clerk  of  county  court. 

15.  This    act    shall    not    apply    to    municipal    elections    unless    adopted    by    the 
municipality. 

16.  Duties  may  be  enforced  by  mandamus. 

Be  it  enacted  hy  the  Legislature  of  West  Virginia: 

That  chapter  nineteen  of  the  acts  of  the  legislature  of  West  Virginia,  at 
the  session  of  one  thousand  nine  hundred  and  eight,  approved  on  the 
fourth  day  of  March,  one  thousand  nine  hundred  and  eight,  be  and  the 
same  is  hereby  amended  and  re-enacted  so  as  to  read  as  follows: 

Sec.  1.  The  county  court  of  each  county  in  this  state  shall  hold  a 
regular  or  special  session  at  the  court  house  of  their  county,  on  the  second 
Monday  in  August  of  each  and  every  year  when  there  is  a  general  election 
to  be  held,  and  shall  then  appoint  for  each  voting  precinct  in  their  county, 
two  competent  persons  as  registrars,  one  each  from  the  political  parties 
which  at  the  last  preceding  election  cast  the  highest  number  of  votes  in 
the  county  in  which  the  election  is  to  be  held.  But  if  at  any  time  during 
said  session,  the  county  executive  committee  of  either  political  party 
from  which  said  registrars  are  to  be  selected,  through  its  chairman  or 
secretary,  shall  present  to  the  court,  or  shall  before  any  such  appoint- 
ments are  made,  at  any  time  file  in  the  office  of  the  clerk  of  the  county 
court  of  said  county,  a  writing  signed  by  the  chairman  of  said  committee, 
on  their  behalf,  requesting  the  appointment  of  a  qualified  voter  of  their 
political  party,  and  who  shall  appear  to  be  competent  to  said  court,  the 
court  shall  appoint  the  person  named  in  such  writing  as  such  resigtrar; 
or,  if  the  court  reject  any  one  so  recommended,  it  shall  notify  the  chair- 
man of  the  committee  of  said  rejection,  and  such  chairman  shall  recom- 
mend another  to  be  so  appointed,  until  a  competent  person  is  accepted 
by  the  court.  Every  writing  so  presented  shall  be  filed,  preserved  and 
kept  by  the  clerk  of  said  court  in  his  office.  And  if  it  shall  appear  that 
said  writing  was  a  forgery,  and  that  it  was  forged  by  the  person  present- 
ing the  same  to  the  court,  or  that  he  presented  the  same  to  the  court 
knowing  it  to  be  a  forgery,  upon  conviction  thereof  such  person  shall 
be  confined  in  the  penitentiary  not  less  than  one  nor  more  than  five  years; 
or  at  the  discretion  of  the  court  he  may  be  fined  not  less  than  one 
hundred  dollars,  nor  more  than  five  hundred  dollars,  and  be  confined  in 
the  county  jail  not  less  than  three  nor  more  than  six  months.  No  person 
shall  be  eligible  to  appointment  as  registrar,  or  any  way  act  as  such, 
who  has  been  convicted  of  a  felony,  who  is  not  a  qualified  voter  in  the 
precinct  for  which  he  is  appointed,  who  cannot  read  or  write  the  English 
language,  or  who  is  a  candidate  to  be  voted  for  at  such  election;  provided, 
that  if  in  any  precinct  there  should  not  be  a  competent  person  in  the 
opinion  of  the  chairman  of  the  executive  committee,  or  the  county  court, 
the  chairman  of  said  committee  may  recommend  some  competent  voter 
of  said  county  from  some  other  precinct  therein,  to  act  as  such  registrar. 
If  any  such  registrar  shall  fail  or  refuse  to  serve,  the  vacancy  shall  be 
filled  either  by  the  county  court  or  by  the  clerk  thereof  in  vacation  in  the 
manner  hereinbefore  provided  for  the  appointment  of  registrars,  and  said 
clerk  shall  forthwith  notify  such  party  of  his  appointment  as  such  regis- 


38  ElJECTIONS  BY   THE  PEOPLE. 

trar,  and  record  such  appointment  in  the  minute  book  of  said  county 
court.  If  no  appointment  is  made  to  fill  such  vacancy,  or  if  either  of 
such  registrars  fail  or  refuse  to  act,  it  shall  be  lawful  for  the  other 
registrar  to  register  the  voters  in  such  precinct  and  discharge  his  duties 
hereunder.  Said  registrars  shall,  before  entering  upon  the  discharge  of 
their  duties,  take  an  oath  to  support  the  constitution  of  the  United  States, 
the  constitution  of  West  Virginia,  and  to  perform  the  duties  of  their 
office  to  the  best  of  their  ability,  and  that  they  will  support  the  nominees 
of  the  party  for  which  they  are  respectively  appointed.  Said  oath  shall 
be  filed  in  the  office  of  the  clerk  of  the  county  court. 

Sec.  2.  The  county  court  shall  cause  to  be  prepared  suitable  books  and 
blanks  for  the  registration  of  voters  and  the  facts  required  by  this  act, 
and  the  clerk  of  said  county  court  shall  distribute  said  books  and  blanks 
to  the  registrars  of  the  respective  voting  precincts.  The  books  afore- 
said shall  be  so  arranged  as  to  admit  of  the  alphabetical  classification  of 
the  names  of  the  voters  and  ruled  in  parallel  columns,  on  which  shall 
be  entered,  first,  the  number;  second,  the  names  of  the  persons  registered; 
third,  color;  fourth,  age;  fifth,  place  of  birth;  sixth,  time  of  residence  in 
precinct,  county  and  state;  seventh,  if  naturalized,  the  date  of  the  papers 
and  the  court  by  which  issued;   eighth,  date  of  registration. 

Sec.  3.  The  clerk  of  the  said  county  court  shall  within  five  days  after  the 
appointment  of  said  registrars  as  aforesaid,  notify  each  of  the  registrars 
so  appointed  of  his  appointment  and  give  the  name  of  the  other  registrar; 
which  notice  may  be  sent  by  registered  mail,  and  the  clerk  shall  likewise 
on  or  before  the  third  Monday  in  August  next  after  the  appointment  of 
said  registrars,  cause  to  be  delivered  to  the  said  registrars  copies 
of  the  books  and  blanks  prepared  as  aforesaid,  for  the  registration  of 
voters  for  the  respective  precincts,  and  upon  the  receipt  of  the  said  books 
and  blanks,  the  said  registrars  shall  meet  together  on  the  first  Monday 
of  September  thereafter,  and  proceed  to  register  the  names  of  all  the 
qualified  voters  within  their  respective  precincts,  and  shall  endeavor  to 
ascertain  and  register  each  and  every  qualified  voter  entitled  to  vote 
within  the  precinct,  and  for  this  purpose  shall  visit  the  usual  place  of 
abode  of  each  and  every  voter.  And  said  registrars  to  ascertain  the 
qualified  voters  shall  examine  the  registration  lists  made  for  such  pre- 
cinct for  the  last  preceding  general  election,  and  shall  transfer  the  names 
of  all  voters  registered  on  such  former  list  who  at  the  time  of  such  regis- 
tration being  made,  may  be  qualified  voters  in  said  precinct  to  the  registra- 
tion being  so  made.  And  the  clerk  of  said  county  court  shall  furnish  to 
each  of  said  registrars  a  certified  copy  of  the  registration  list  made  for 
such  precinct  for  the  last  preceding  general  election,  for  which  he  shall 
receive  two  cents  a  name  for  each  copy,  to  be  allowed  by  the  county  court 
payable  out  of  the  county  treasury. 

And  in  registering  each  voter,  said  registrars  shall  (as  far  as  possible) 
give  the  Christian  name  and  his  surname,  and  shall  designate  the  place 
of  his  residence,  his  age  and  color,  and  whether  he  is  a  native  or  foreign 
iDorn,  which  information  shall  be  given  in  the  proper  column  provided 
in  the  books  furnished  by  the  clerk  of  the  county  court  as  hereinbefore 
provided. 


Elections  by  the  People.  30 


Provided,  however,  that  when  for  any  purpose  a  special  election  is  held 
in  any  county,  district  thereof,  or  independent  district  thereof,  at  any 
time,  it  shall  not  be  necessary  for  the  registrars  to  list  or  register  any  of 
the  voters,  and  the  voters  shall  he  listed  and  registered  by  the  county  court 
as  provided  in  section  seven  hereof. 

Sec.  4.  Before  the  registrars  shall  register  the  name  of  any  person  as  a 
qualified  voter,  they  must  be  satisfied  of  his  qualification,  or  have  him  make 
the  affidavit  as  hereinafter  provided,  showing  his  right  to  register,  and  for 
the  purposes  of  this  act  they  are  hereby  given  authority  to  administer 
oaths,  and  they  may  require  the  person  desiring  to  register  to  answer  under 
oath  the  following  questions: 

First:    Are  you  a  citizen  of  the  United  States? 

Second:  Are  you  a  native  or  naturalized  citizen?  If  the  person  offering 
to  be  registered  claims  to  be  a  naturalized  citizen  of  the  United  States  he 
shall  produce  for  the  inspection  of  the  officers  of  registration,  a  certificate 
or  other  evidence  of  his  naturalization,  and  also  state  under  oath  or  affirma- 
tion that  he  is  the  identical  person  named  therein;  but  the  production  of 
the  certificate  shall  not  be  required  if  the  person  offering  to  be  registered 
states  under  oath,  when  and  where  he  was  naturalized,  that  he  had  a 
certificate  of  naturalization,  and  that  against  his  will  the  same  is  lost, 
destroyed  or  beyond  his  power  to  produce  the  same;  or,  if  he  states  under 
oath  that  by  reason  of  the  naturalization  of  his  parents,  or  one  of  them,  he 
has  become  a  citizen  of  the  United  States,  and  where  and  when  his  parents 
were  naturalized. 

Third:  Will  you  have  resided  in  this  state  for  one  year  immediately 
preceding  the  coming  election? 

Fourth:  Have  you  been  absent  from  this  state  within  the  year  im- 
mediately preceding  the  coming  election?     (If  yes,  when?) 

Fifth:  When  you  left  this  state,  did  you  leave  for  a  temporary  purpose 
with  intention  of  returning;  or  for  the  purpose  of  remaining  away? 

Sixth:  Did  you  while  absent  look  upon  or  regard  this  state  as  your 
home? 

Seventh:  Did  you  while  absent  vote  in  any  other  state? 

Eighth:  Will  you  have  resided  in  this  county  for  sixty  days  prior  to 
the  coming  election? 

Ninth:    When  did  you  last  come  into  this  county? 

Tenth:  Did  you  come  into  this  county  for  the  mere  purpose  of  voting 
in  this  county? 

Eleventh:    Are  you  an  actual  resident  of  this  precinct? 

Twelfth:  Are  you  twenty-one  years  of  age,  or  will  be  such  at  the  com- 
ing election,  to  the  best  of  your  knowledge  and  belief? 

Every  person  shall  be  registered  who  will  be  entitled  to  vote  at  the  first 
election  occurring  after  the  registration  by  reason  of  his  arriving  at  twenty, 
one  years  of  age  before  the  time,  or  by  reason  of  his  having  resided  for  a 
sufficient  length  of  time  in  the  state  and  county,  provided  he  is  otherwise 
qualified. 

Sec.  5.  If  said  registrars  after  examining  any  voter  are  not  satisfied  as 
to  his  right  to  be  registered,  then  said  registrars  shall  require  said  voter  to 
make  an  affidavit  in  writing,  on  a  blank  form  to  be  furnished,  which  affi- 


40  Elections  by  the  People. 

davit  shall  be  duly  subscribed  and  sworn  to  by  said  voter  before  either  of 
said  registrars,  and  in  which  affidavit  said  voter  shall  answer  fully  the 
questions  giving  information  as  required  under  section  four  of  this 
chapter,  and  if  said  affidavit  shows  that  he  is  a  voter  in  said  precinct,  he 
shall  them  be  registered  by  said  registrars.  Said  registrars  having  regis- 
tered such  voter  upon  his  affidavit,  may  mark  said  affidavit  "challenged," 
and  return  the  same,  with  their  list  of  registration,  to  the  clerk  of  the 
county  court,  and  said  clerk  shall  preserve  said  affidavit  in  his  office,  and 
either  registrar  or  any  citizen  or  any  voter  of  the  county  may  appear  be- 
fore the  county  court  and  have  the  right  of  said  voter's  registration  deter- 
mined by  said  county  court.  And  any  person  who  shall  wilfully  make  any 
such  affidavit  falsely  shall  be  guilty  of  felony,  and  upon  conviction  thereof, 
shall  be  confined  in  the  penitentiary  not  less  than  one  nor  more  than  three 
years;  or,  in  the  discretion  of  the  court,  may  be  confined  in  the  county  jail 
not  less  than  one  nor  more  than  six  months. 

Sec.  6.  The  said  registrars  after  having  completed  the  registration  as 
far  as  in  their  power,  shall  for  the  purpose  of  amending,  correcting  and 
completing  said  registration,  sit  together  at  some  convenient  place  within 
the  voting  precinct  for  two  days,  commencing  on  the  first  Monday  in 
October,  from  nine  o'clock  a.  m.,  to  one  o'clock  p.  m.,  and  from  two  o'clock 
p.  m.,  to  nine  o'clock  p.  m.,  and  shall  give  notice  of  the  time  and  place  of 
their  sitting  for  such  registration  and  correction  by  posting  written  or 
printed  notices  of  the  time  and  place  of  such  sitting  for  ten  days  prior 
thereto,  at  not  less  than  five  of  the  most  conspicuous  places  in  said  voting 
precinct,  one  of  which  shall  be  at  the  place  of  voting  in  said  precinct.  And 
at  the  time  of  said  sitting  the  books  of  registration  shall  be  open  for  public 
inspection,  and  the  said  registrars  in  the  manner  hereinbefore  provided 
shall  register  all  qualified  voters  who  have  not  theretofore  been  so  register- 
ed by  them,  and  complete  and  finish  the  registration  of  the  voters  within 
their  said  precinct,  and  make  out  two  alphabetical  lists  of  the  registered 
voters  within  said  precinct  entitled  to  vote  at  the  ensuing  election  as 
registered  by  them,  giving  the  information  as  to  each  voter  as  hereinbefore 
required,  and  shall  sign  and  return  the  same  to  the  clerk  of  the  county 
court  on  said  second  Monday  in  October,  and  the  same  shall  be  open  to 
the  inspection  of  the  public  when  filed  in  said  clerk's  office  until  five  days 
prior  to  the  election. 

Any  person  desiring  a  copy  of  the  registered  voters  made  by  said 
registrars  as  returned  by  them  to  the  county  court,  may  request  the  same 
and  the  registrars  shall  make  and  deliver  a  copy  of  said  registered  voters 
upon  the  payment  to  them  of  two  cents  a  name  for  each  copy  so  furnished. 

Sec.  7.  It  shall  be  the  duty  of  the  county  court  of  each  county  to  con- 
vene in  regular  or  special  session  on  the  second  Monday  in  October  pre- 
ceding any  general  election,  and  on  the  fifth  day  preceding  any  special 
election  in  any  county,  district  or  independent  district,  for  the  purpose 
of  hearing  any  and  all  matters  as  to  the  registration  of  voters,  at  which 
said  meeting  of  the  county  court  they  shall  examine  the  returns  made  to 
them  by  the  registrars  throughout  the  county,  or  in  case  of  special  election, 
throughout  the  county,  district  or  independent  district  wherein  such  spe- 


Elections  by  the  People.  41 

cial  election  is  held,  and  and  file  with  the  clerk  of  the  county  court,  as 
hereinbefore  provided.  And  if  they  are  satisfied  that  persons  have  been 
registered,  who  are  not  entitled  to  vote,  they  shall  cause  their  names  to  be 
stricken  from  the  list  of  voters,  and  if  they  should  find  that  persons'  names 
have  been  omitted  by  the  registrars  who  should  be  registered,  either  be- 
cause the  same  have  been  omitted  or  by  reason  of  such  persons  having 
become  entitled  to  vote  since  such  registration  was  made,  the  court  shall 
cause  their  names  to  be  registered  as  qualified  voters;  and  in  case  of 
special  elections  at  any  time  in  the  county,  district  or  independent  district 
of  the  county,  it  shall  be  the  duty  of  the  county  court  when  so  sitting 
five  days  preceding  any  such  special  election  as  hereinbefore  provided, 
to  register  and  list  the  voters  in  the  county,  district,  or  independent  dis- 
trict in  which  such  special  election  is  about  to  be  held,  and  in  doing  so 
the  county  court  shall  adopt  the  registration  by  registrars  at  the  next  pre- 
ceding general  election  prior  thereto,  and  if  the  county  court  is  satisfied 
that  persons  have  been  registered  who  are  not  then  entitled  to  vote  at 
such  special  election,  they  shall  cause  their  names  to  be  stricken  from 
the  list  of  voters,  and  if  they  find  that  persons'  names  have  been  omitted 
by  the  registrars  who  should  be  registered  then,  either  because  the  names 
of  same  have  been  omitted  or  by  reason  of  such  person  having  become 
entitled  to  vote  since  such  registration,  for  the  then  next  preceding  gen- 
eral election,  was  made,  the  court  shall  cause  their  names  to  be  registered 
as  qualified  voters;  the  county  court  shall  accordingly  correct  the  list  so 
returned  by  the  registrars  for  such  county,  district  or  independent  dis- 
trict wherein  and  wherefor  such  special  election  is  to  be  so  held,  and  there- 
to certify  by  order  entered  of  record,  and  thereby  the  said  county  court  shall 
be  held  to  have  duly  registered  and  listed  the  voters  in  such  county,  district 
and  independent  districts  wherein  such  special  elections  are 
held;  but  in  no  case  shall  the  court  erase  the  name  of  any  voter, 
until  he  shall  have  had  five  days'  notice  of  the  application  to 
strike  his  name  from  such  registration  list,  and  he  shall  have  the 
right  to  rebut  any  evidence  produced  against  him,  and  shall  have 
his  name  restored  to  said  list  if  improperly  stricken  therefrom. 
From  the  decision  of  the  county  court  an  appeal  may  be  taken  by  the 
voters,  or  either  of  the  registrars,  or  any  voter  of  said  county,  to  the 
circuit  court  of  said  county,  and  from  the  decision  of  the  circuit  court  an 
appeal  may  likewise  be  taken  to  the  supreme  court  of  appeals.  In  no  case 
shall  the  clerk  enter  any  name  on  the  list  of  registered  voters,  or  strike 
any  name  therefrom,  except  by  order  of  the  county  court  entered  of  record. 
And  any  person  who  shall  enter  any  name  upon  the  registration  lists  or 
omit  any  name  from  the  registration  list,  without  an  order  of  the  court, 
entered  of  record  so  directing,  he  shall  be  guilty  of  a  felony,  and  upon 
conviction  he  shall  be  confined  in  the  penitentiary  not  less  than  one  nor 
more  than  three  years  for  each  offense. 

Sec.  8.  It  shall  be  the  duty  of  the  circuit  court  and  the  supreme  court  of 
apppeals  to  hold  such  sessions  as  may  be  necessary  to  determine  any  cases 
involving  the  registration  of  voters  in  this  state  prior  to  any  election,  and 
such  cases  shall  have  precedence  over  all  others  but  in  any  case  where  a 


42  EOLECTIONS  BY   THE  PEOPLE, 

voter  has  been  registered  by  order  of  the  county  court,  or  by  the  registrars,. 
he  shall  be  entitled  to  vote  at  any  election  held  until  such  order  of  the 
county  court  or  registrars  is  reversed. 

Sec.  9.  Any  voter  who  shall  have  been  registered  in  any  precinct  aa 
hereinbefore  provided,  and  who  shall  have  removed  from  said  precinct  to 
another  precinct  in  the  same  county,  may  obtain  from  the  registrars  of  the 
precinct  in  which  he  is  registered,  or  from  the  clerk  of  the  county  court,  in 
case  the  registration  books  have  been  filed  with  the  said  clerk,  a  certificate 
of  transfer  and  present  same  to  the  election  commissioners  of  the  precinct 
wherein  he  resides,  and  if  the  commissioners  of  election  in  such  precinct 
shall  be  satisfied  that  such  voter  is  a  legal  resident  in  the  precinct  wherein 
he  offers  to  vote,  they  shall  register  such  voter  and  allow  him  to  vote. 
When  said  certificate  is  issued  the  name  of  said  voter  shall  be  stricken 
by  the  registrar,  or  the  clerk  of  the  county  court,  from  the  books  from 
which  said  certificate  is  issued,  and  such  certificate  shall  be  preserved  by 
the  commissioners  and  returned  with  the  election  returns  to  the  clerk  of 
the  county  court.  And  any  clerk  or  registrar  issuing  a  false  certificate 
wilfully  hereunder,  shall  be  guilty  of  a  felony,  and,  upon  conviction  there- 
of, shall  be  confined  in  the  penitentiary  not  less  than  one  nor  more  than 
three  years. 

Sec.  10.  The  clerk  of  the  county  court  shall  furnish  one  copy  of  said 
registration  books  to  the  election  commissioners  of  the  respective  voting^ 
precincts,  with  the  ballot  boxes  and  other  election  supplies  to  be  used  by 
them  in  the  conduct  of  the  election  in  their  said  voting  precincts. 

Provided,  that  in  case  of  special  elections  in  the  county,  district  and  in- 
dependent districts,  of  the  county,  instead  and  in  lieu  of  such  registration 
books,  the  clerk  of  the  county  court  shall  furnish  a  certified  list  of  the 
voters  of  the  respective  precincts,  as  listed  and  registered  by  the  county 
court  for  such  special  election,  to  the  election  commissioners  of  the  re- 
spective voting  precincts  with  the  ballot  boxes  and  other  election  sup- 
plies to  be  used  by  them  in  the  conduct  of  the  election  in  their  said 
voting  precincts;  for  which  services  in  case  of  special  election  the  county 
clerk  shall  receive  two  cents  a  name  for  each  copy  so  furnished  by  him 
to  be  allowed  by  the  county  court  payable  out  of  the  treasury  of  the 
county,  district  or  independent  district,  wherein  is  held  such  special 
election. 

Sec.  11.  No  person  shall  be  allowed  to  vote  at  any  election  hereafter 
held  in  this  state  unless  he  shall  have  been  registered  as  herein  provided, 
and  the  commissioners  of  every  election  shall  only  allow  those  to  vote  whose 
names  appear  upon  the  registration  books  furnished  by  the  clerk  of  the 
county  court  to  them,  or  who  present  a  proper  certificate  of  transfer,  as 
herein  provided;  and  any  commissioner  of  election  who  shall  wilfully 
violate  any  of  the  provisions  of  this  act  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  fined  not  less  than  fifty 
nor  more  than  one  hundred  dollars,  and  imprisoned  in  the  county  jail 
not  less  than  ten  nor  more  than  ninety  days  for  every  such  offense. 

Sec.  12.  Any  registrar  who  shall  wilfully  register  the  name  of  any  per- 
son not  a  qualified  voter  in  his  precinct,  or  wilfully  reject  from  registra- 


Elections  by  the  People.  43- 

tion  the  name  of  any  qualified  voter  shall  be  guilty  of  a  felony,  and  upon 
conviction  thereof  shall  be  confined  in  the  penitentiary  not  less  than  one 
nor  more  than  five  years;  and  any  registrar  who  shall  fail  to  perform  any 
other  duty  required  of  him  under  this  act,  shall  be  guilty  of  a  misdemeanor 
and  upon  conviction  shall  be  fined  not  less  than  fifty  nor  more  than  five 
hundred  dollars,  and  confined  in  the  county  jail  not  less  than  one  nor  more 
than  six  months,  in  the  discretion  of  the  court. 

Sec.  13.  Each  of  said  registrars  shall  receive  as  compensation  for  their 
services  under  this  act  the  sum  of  ten  cents  for  each  name  so  registered 
by  them,  to  be  allowed  by  the  county  court  payable  out  of  the  county 
treasury.  But  if  the  registration  of  voters  is  made  necessary  by  the  calling, 
of  a  special  election  in  a  district,  independent  district,  or  municipality, 
the  compensation  thereof  shall  be  paid  by  the  board  or  body  calling  said 
election,  out  of  any  fund  at  their  disposal. 

Sec.  14.  The  commissioners  of  election  shall  return  the  registration 
books  of  such  election  precinct,  together  with  the  ballot  boxes,  etc.,  to  the 
clerk  of  the  county  court. 

Sec.  15.  This  act  shall  not  apply  to  municipal  elections  held  in  cities,, 
towns  and  villages,  but  the  law-making  power  in  any  city,  town  or  village, 
may  adopt  the  provisions  of  this  act,  and  may  change  the  time  of  making 
the  registration  and  making  return  thereon,  and  may  provide  that  the 
duties  to  be  performed  by  the  county  court  hereunder  shall  be  performed 
by  such  municipal  authorities  as  may  be  named  in  such  ordinance  or  act,. 
and  when  so  adopted  and  modified  the  same  shall  be  applicable  to  such 
city,  town  or  village. 

Sec.  16.  Any  and  all  duties  required  of  any  person  or  officer  by  this  act, 
may  be  enforced  and  compelled  to  be  performed  by  such  person  or  officer  or 
court  by  writ  of  mandamus  or  other  proper  legal  proceeding  issued  by  the 
circuit  court  of  said  county,  or  the  supreme  court  of  appeals. 

Sec.  17.  All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby 
repealed. 


CORRUPT  PRACTICES  ACT. 


CHAPTER  22,  ACTS  1908 


AN  ACT  to  prevent  corrupt  practices  in  election,  to  limit  the  expenses  of 
candidates,  to  prescribe  the  duties  of  candidates  and  political  committee 
and  provide  penalties  and  remedies  for  the  violation  of  this  act. 

[Passed  February,  25,  1908.     In  effect  ninety  days  from  passage.  Approved 

March  3,  1908.] 

Be  it  enacted  by  the  Legislature  of  West  Virginia. 

Sec.  1.  The  following  persons  shall  be  deemed  guilty  of  bribery  at 
elections  and  shall  be  punished  as  in  this  section  provided. 

First.  Every  person  who  shall  directly  or  indirectly,  by  himself  or 
by  other  person  on  his  behalf,  give,  lend  or  agree  to  give  or  lend  or  ofter, 
promise,  or  promise  to  procure  or  endeavor  to  procure  any  money  or  valu- 
able consideration  or  any  place  of  employment,  public  or  private,  to  or  for 
any  voter,  or  to  or  for  any  person  on  behalf  of  any  voter,  or  to  or  for  any 
person  in  order  to  induce  any  voter  to  vote  or  refrain  from  voting  or  to 
vote  for  any  particular  person  or  candidate,  or  object,  or  to  refrain  there- 
from or  shall  corruptly  do  any  such  act  as  aforesaid  on  account  of  such 
voter  having  voted  or  refrained  from  voting  at  an  election,  or  having  voted 
for  any  particular  person  or  candidate  or  object,  or  refraining  therefrom. 

Second.  Every  person  who  shall  in  consequence  of  any  gift,  loan,  or 
offer,  promise  of  any  place  or  employment  public  or  private,  procurement,  or 
agreement,  procure  or  engage,  promise  or  endeavor  to  procure,  the  election 
of  any  person  to  a  public  ofiRce  or  the  vote  of  any  voter  at  any  election. 

Third.  Every  person  who  shall  advance  or  pay  or  cause  to  be  paid  any 
money  to  or  for  the  use  of  any  other  person  with  the  intent  that  such  money 
or  any  part  thereof  shall  be  expended  in  bribery  at  any  election,  or  who  shall 
knowingly  pay  or  cause  to  be  paid  any  money  wholly  or  in  part  expended 
In  bribery  at  any  election;  any  person  so  offending  shall  be  guilty  of  a 
misdemeanor  and  may  be  punished  by  imprisonment  in  the  county  jail  for 
a  term  of  not  less  than  six  months  or  more  than  one  year,  at  the  discre- 
tion of  the  court,  and  be  fined  not  more  than  one  thousand  dollars,  and 
shall  in  addition  thereto  forfeit  his  office.  If  any  person,  or  committee  or 
representative  of  any  church,  school,  charitable  institution  or  religious 
society  shall  knowingly  solicit  a  candidate  for  ofiice  or  a  candidate  for 
nomination  to  any  ofiice,  to  give,  lend  or  agree  to  lend,  offer,  promise,  or 
promise  to  procure  any  money  or  valuable  consideration  for  the  use  of 
himself  or  other  person,  or  for  said  church,  school,  charitable  institution 
or  society,  the  person  or  persons  so  offending  shall  be  guilty  of  misde- 
meanor and  fined  not  exceeding  one  hundred  dollars. 


Elections  by  the  People.  45 


Providing,  always,  that  the  foregoing  enactment  shall  not  extend  to  or  be 
construed  to  extend  to  any  money  paid  or  agreed  to  be  paid  for  or  on  ac- 
count of  any  proper  expenses  incurred  at  or  concerning  any  election. 

Proper  expenses  are  herein  defined  to  be  such  as  are  or  may  by  reason- 
able construction  be  included  only  in  the  following,  that  is  to  say: 
First.     For  the  personal  traveling  expenses  of  the  candidate. 
Second.    For  the  reasonable  rent  of  hall  or  room  for  the  delivery  »f 
speeches  relative  to  principles  of  candidates  in  any  pending  election. 

Third.  For  the  payment  of  reasonable  compensations  to  public  speakers 
and  musicians  at  public  meetings  and  their  necessary  traveling  expenses. 
Fourth.  Printing  and  distribution  of  list  of  candidates  or  sample  tick- 
ets, speeches,  or  addresses  by  phamphlets,  newspapers  or  circulars  relative 
to  candidates  or  political  issues  or  principles,  cards,  hand-bills,  posters  or 
announcements. 

Fifth.     For  copying  and  classifying  poll  lists. 
Sixth.     For  making  canvasses  of  voters. 

Seventh.  For  expressage  or  freight  or  charge  for  other  like  purpose, 
and  for  postage,  telegraph,  telephone,  or  other  public  messenger  service. 

Eighth.  For  reasonable  clerk  hire  at  the  headquarters  or  offices  of  cam- 
paign committees,  or  at  the  office  of  the  candidates. 

Sec.  2.  The  following  persons  shall  also  be  guilty  of  bribery  at  elec- 
tions and  shall  be  punished  as  in  this  section  provided. 

First.  Every  voter  who  shall,  before  or  during  any  election,  directly  or 
indirectly  by  himself,  or  by  another  person  on  his  behalf,  solicit,  demand, 
receive,  agree  or  contract  for  any  money,  gift,  loan,  or  valuable  considera- 
tions, office,  place  or  employment,  or  solicit  any  endorsement  on  a  note  or 
other  paper  public  or  private  for  himself  or  for  any  other  person,  for  vot- 
ing or  agreeing  to  vote,  or  for  voting  for  any  person  or  candidate  or  ob- 
ject or  agreeing  to  refrain  therefrom,  or  from  refraining' or  agreeing  to 
refrain  from  voting  at  any  election. 

Second.  Every  person  who  shall,  after  any  election,  directly  or  in- 
directly by  himself,  or  any  other  person  on  his  behalf  solicit,  demand  or 
receive  any  money  or  valuable  consideration  on  account  of  any  person 
having  voted  or  refrained  from  voting,  or  having  induced  any  other  person 
to  vote  or  refrain  from  voting,  at  any  election,  and  any  person  so  of- 
fending shall  be  guilty  of  a  misdemeanor  and  may  be  punisjied  by  im- 
prisonment in  the  county  jail,  at  the  discretion  of  the  court,  for  not  more 
than  six  months  and  be  fined  not  more  than  one  hundred  dollars.  But  if 
such  voter  or  person  mentioned  in  this  section  shall  testify  and  speak  the 
truth  on  behalf  of  the  state  in  any  prosecution  against  the  giver  or  promis- 
er,  he  shall  not  be  prosecuted  for  any  offense  under  this  section. 

Any  person  who  shall  make  a  false  charge  under  oath  or  give  false  evi- 
dence against  a  person  who  has  been  a  candidate  for  office  and  who  has  re- 
ceived the  majority  of  the  votes  cast  for  the  office  for  which  such  person  was 
a  candidate  at  any  election,  held  in  this  state,  and  any  person  who  shall 
give  false  evidence  either  in  the  form  of  an  affidavit  or  as  a  witness  before 
any  court,  or  in  any  impeachment  proceeding  against  any  candidate,  and 
any  person  who  shall  form  a  conspiracy  or  assist  in  the  formation  thereof 


46  Elections  by  the  People. 


or  become  conspirators  against  any  candidate  to  wrongfully  deprive  such 
candidate  of  the  office  for  which  he  has  received  a  majority  of  the  votes 
cast  for  such  office,  shall  be  guilty  of  a  felony  and  upon  conviction  thereof 
be  confined  in  the  penitentiary  of  this  state  not  less  than  five  nor  more 
than  ten  years.  Conspirators  within  the  meaning  of  this  section  shall  in- 
clude each  person  who  shall  become  engaged  with  another  or  others,  in  an 
effort  to  wrongfully  deprive  a  person  of  the  office  for  which  such  person 
had  received  a  majority  of  the  votes  cast  for  such  office. 

iSec.  3.  Any  candidate  for  a  public  office,  or  any  other  person  seeking 
to  become  the  nominee  of  any  party  as  such  candidate,  who  prior  to  any 
primary  election,  convention,  or  other  meeting  held  to  select  delegates  to 
^  convention  to  nominate  a  candidate  for  the  public  office  which  he  seeks 
to  obtain,  or  who,  at  any  time  prior  to  the  election  whereat  an  incumbent 
for  the  office  so  sought  by  him  is  chosen,  corruptly  by  himself  or  by  any 
•other  person,  directly  or  indirectly,  gives  or  provides  or  pays,  wholly  or  in 
part,  or  promises  to  pay  wholly  or  in  part  the  expenses  of  going  to  such 
election,  primary  election,  convention,  or  other  meeting,  or  providing  any 
meat,  drink,  entertainment,  or  provisions  to  or  for  any  person  for  the  pur- 
pose of  corruptly  influencing  him,  or  any  other  person  to  give  or  refrain 
from  giving  his  vote  at  such  election,  shall  be  guilty  of  a  misdemeanor  and 
upon  conviction  thereof  shall  be  fined  not  more  than  one  hundred  dollars. 

Sec.  4.  Every  person  who  shall  directly  or  indirectly,  by  himself,  or  any 
other  person  on  his  behalf,  make  use  of,  or  threaten  the  use  of  any 
force,  violence  or  restraint  or  inflict  or  threaten  to  inflict  by  himself 
or  by  any  other  person,  any  damage,  harm,  or  loais  upon  or 
against  any  person,  in  order  to  induce  or  compel  such  person  to 
vote  or  to  vote  for  any  person  or  candidate  or  object  or  to  re- 
frain therefrom  or  refrain  from  voting  at  any  election,  or  who  shall, 
by  abduction,  duress,  or  any  fraudulent  device  or  contrivance,  impede 
and  prevent  the  free  exercise  of  the  franchise  of  any  election  shall  be  guilty 
of  a  misdemeanor  and  upon  conviction  thereof  shall  be  fined  not  more  than 
one  hundred  dollars. 

Sec.  5.  A  person  shall  for  all  purposes  of  this  act,  be  deemed  guilty  of 
the  offense  of  impersonation  who  at  any  election  held  pursuant  to  the  laws 
of  this  state,  applies  for  a  ballot  in  the  name  of  some  other  person,  whether 
that  name  be  that  of  a  person  living  or  dead,  or  of  a  fictitious  person,  or 
who,  having  voted  once  at  any  election  applies  at  the  same  election  for  a 
ballot  in  his  own  name  or  in  any  other  name  for  his  own  use;  and  any 
person  who  commits  the  offense  of  impersonation,  or  who  aids,  abets, 
counsels  or  procures  the  commission  of  that  offense  shall  be  guilty  of  a 
misdemeanor  and  upon  conviction  thereof  shall  be  confined  in  the  county 
jail  for  a  term  of  not  exceeding  one  year. 

Sec.  6.  No  candidate  for  congress  or  for  any  public  office  in  this  state, 
or  any  county,  district  or  municipality  thereof,  which  office  is  to  be  filled 
by  popular  election,  shall  by  himself,  by  or  through  any  agent  or  agents, 
committee  or  organization,  or  any  person  or  persons  whatsoever,  in  the 
aggregate,  pay  out  or  expend,  or  promise  or  agree  or  offer  to  pay,  con- 
tribute or  expend  any  money  or  other  valuable  things  in  order  to  secure  or 
aid  in  securing  his  nomination  or  election  respectively,  to  any  office  to  be 


Elections  by  the  People.  47 

voted  for  at  same  election,  or  in  aid  of  any  party  or  measure  in  excess  of 
a  sum  to  be  determined  upon  the  following  basis,  namely: 

For  five  thousand  voters  or  less,  two  hundred  and  fifty  dollars;  for  each 
one  hundred  voters  over  five  thousand  and  under  twenty-five  thousand, 
two  dollars  for  each  one  hundred  voters;  over  twenty-five  thousand  and 
under  fifty  thousand,  one  dollar;  and  for  each  one  hundred  voters  over 
fifty  thousand,  fifty  cents.  The  number  of  voters  to  be  ascertained  by  the 
total  number  of  votes  cast  for  all  the  candidates  for  such  office  at  the  last 
preceding  regular  election  held  to  fill  the  same,  and  any  payment,  contribu- 
tion or  expenditure,  or  promise,  agreement,  or  offer  to  pay,  contribute  or 
expend  any  money  or  valuable  thing  in  excess  of  said  sum,  for  such  objects 
and  purposes,  is  herein  declared  unlawful  and  any  person  violating  the 
provisions  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor  and  be 
fined  not  less  than  two  hundred  and  not  more  than  five  hundred  dollars. 

Sec.  7.  Every  person  who  shall  be  a  candidate  before  any  caucus  or 
convention,  or  at  any  primary  election,  for  nomination  of  candidates  for 
representatives  in  the  congress  of  the  United  States,  and  all  state,  county 
and  district  officers,  which  caucus,  convention  or  primary  election  shall  be 
held  not  earlier  than  the  fifteenth  day  of  May,  nor  later  than  the  fifteenth 
day  of  August  next  preceding  a  general  election  or  at  any  election  for  any 
state,  county,  or  district  office,  or  for  senator  or  representative  in  the  con- 
gress of  the  United  States,  shall  within  thirty  days  after  the  election  held 
to  fill  such  office  or  place,  make  out  and  file  with  the  ofllcers  empowered  by 
law  to  issue  the  certificate  of  election  to  such  office  or  place  and  a  duplicate 
thereof  with  the  clerk  of  the  county  court  for  the  county  in  which  such 
candidates  reside,  a  statement  in  writing,  which  statement  shall  be  sulv 
scribed  and  sworn  to  by  such  candidate  before  an  officer  authorized  to 
administer  oaths,  setting  forth  in  detail  all  sums  of  money  contributed, 
disbursed,  expended  or  promised  by  him  to  the  best  of  his  knowledge  and 
belief  by  any  other  person  or  persons  in  his  behalf,  wholly  or  in  part,  in 
endeavoring  to  secure  or  in  any  way  in  connection  with  his  nomination  or 
election  to  such  office  or  place,  or  in  connection  with  the  election  of  any 
other  person  at  said  election;  and  showing  the  dates  when,  and  the  per- 
sons to  whom,  and  the  purpose  for  which  all  such  sums  were  paid,  expended, 
or  promised.  Such  statement  shall  set  forth  that  the  same  is  as  full  and 
explicit  as  affiant  is  able  to  make  it. 

Sec.  8.  Any  person  failing  to  comply  with  the  provisions  of  the  fore- 
going seventh  section  of  this  act  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  not  more  than  five  hundred 
dollars. 

Sec.  9.  No  person  shall  receive  any  salary  or  any  emoluments  for  any 
period  prior  to  the  filing  of  said  statement  provided  for  in  section  seven. 

Sec.  10.  Every  two  or  more  persons  who  shall  be  elected,  appointed, 
chosen,  or  associated  for  the  purpose,  wholly  or  in  part,  for  raising,  collect- 
ing or  disbursing  money  or  controlling  or  directing  the  raising,  collection 
or  disbursement  of  money  for  election  purposes,  and  every  two  or  more 
persons  who  shall  co-operate  in  the  raising,  collection  or  disbursements,  or 
in  controlling  or  directing  the  raising,  collection  or  disbursement  of 
money,  used  or  to  be  used  in  the  furtherance  of  the  election,  or  defeat  the 


48  Elections  by  the  People. 

election  to  public  office  of  any  person  or  any  class  or  number  of  persons,  or 
in  the  furtherance  of  the  enactment  or  to  defeat  the  enactment  of  any  law 
or  ordinance  or  constitutional  provision,  shall  be  deemed  a  political  com- 
mittee within  the  meaning  of  this  act. 

Sec.  11.  Every  political  committee  shall  appoint  and  constantly  main- 
tain a  treasurer  to  receive,  keep  and  disburse  all  sums  of  money  which 
may  be  collected  or  received  or  disbursed  by  such  committee,  or  by  any  of 
its  members  for  any  of  the  purposes  mentioned  in  section  ten  of  this  act, 
for  which  such  committee  exists  or  acts,  and  unless  such  treasurer  is  first 
appointed  and  thereafter  maintained,  it  shall  be  unlawful  and  a  violation 
of  this  act  for  a  political  committee  or  any  of  its  members  to  collect,  re- 
ceive, or  disburse  moneys  for  any  such  purpose.  All  money  collected  or 
received  or  disbursed  by  any  political  committee,  or  by  any  member  or 
members  thereof,  for  any  of  the  purposes  mentioned  in  section  ten  of  this 
act,  and  for  which  said  committee  exists  or  acts,  shall  be  paid  over  and 
made  to  pass  through  the  hands  of  the  treasurer  of  such  committee  and 
shall  be  disbursed  by  him;  and  it  shall  be  unlawful  and  a  violation  of 
this  act  for  any  political  committee,  or  for  any  member  or  members  of  a 
political  committee  to  disburse  or  expend  money  for  any  of  the  objects  or 
purposes  mentioned  in  section  ten  of  this  act,  and  for  which  such  commit- 
tee exists  or  acts,  until  the  money  so  disbursed  or  expended  shall  have 
passed  through  the  hands  of  the  treasurer  of  said  political  committee. 

Sec.  12.  Every  treasurer  of  a  political  committee  and  every  person  who 
shall  at  any  time  act  as  such  treasurer  shall,  whenever  he  receives  or 
disburses  money  as  such  treasurer  or  for  or  on  account  of  any  of  the  objects 
or  purposes  mentioned  in  section  ten  of  this  act,  immediately  enter  and 
thereafter  keep  in  a  proper  book  or  books  to  be  provided  and  preserved  by 
him,  a  full,  true  and  detailed  statement  and  account  of  each  any  every  sum  of 
money  so  received  or  disbursed  by  him  setting  forth  in  such  statement  the 
sum  so  received  or  disbursed,  as  the  case  may  be,  and  the  date  when  and 
the  person  from  whom  received,  or  to  whom  paid,  as  the  case  may  be,  and 
the  object  and  purpose  for  which  such  sum  was  received  or  disbursed. 

Sec.  13.  EVery  treasurer  of  a  political  committee  as  defined  in  this  act 
and  every  person  who  acts  as  such  treasurer,  shall,  within  thirty  days  after 
each  election  whether  state,  county,  or  district  election,  in  or  concerning  or 
in  connection  with  which  he  shall  have  received  or  disbursed  any  money  for 
any  of  the  objects  or  purposes  mentioned  in  section  ten  of  this  act,  pre- 
pare and  file  in  the  office  of  the  county  clerk  of  the  county  court  in  which 
such  treasurer  resides  a  full,  true  and  detailed  account  and  statement, 
subscribed  and  sworn  to  by  him  before  an  officer  authorized  to  administer 
oaths,  setting  forth  each  and  every  sum  of  money  received  or  disbursed  by 
him  for  any  of  the  objects  or  purposes  mentioned  in  section  ten  of  this  act, 
within  the  period  beginning  four  months  before  such  election  and  ending- 
on  the  days  on  which  such  statement  is  filed,  the  date  of  each  receipt  and 
each  disbursement,  the  name  and  address  of  the  person  from  whom  re- 
ceived or  to  whom  paid,  and  the  object  or  purpose  for  which  the  same  was 
received  and  the  object  or  purpose  for  which  it  was  disbursed.  Such  state- 
ments shall  also  set  forth  the  unpaid  debts  and  obligations,  if  any,  of  such 
committee,  with  the  nature  and  amount  of  each,  and  to  whom  owing,  In 


Electio-xs  by  the  People.  49 

detail,  and  if  there  are  any  unpaid  debts  or  obligations  of  such  committee, 
such  statement  shall  state  such  fact. 

Sec.  14.  Every  clerk  of  the  county  court  in  each  of  the  counties  of  this 
state  shall  receive  and  file  in  his  office  and  there  keep  as  a  part  of  the 
records  thereof,  all  statements  and  accounts  required  by  this  act  to  be  filed 
with  him;  and  the  same  shall  be  recorded  in  a  well  bound,  suitable  record 
book  to  be  kept  in  his  office  as  a  part  of  the  records  therein.  Such  state- 
ments and  accounts  and  record  book  shall  at  all  reasonable  times  be  open 
to  public  inspection.  Copies  of  such  statements  or  records  certified  by 
such  clerk,  of  any  such  statement  or  statements  or  records,  shall  be  ad- 
mitted to  evidence  in  all  courts  with  like  force  and  effect  as  the  original 
would  have  if  produced. 

Sec.  15.  Every  treasurer  of  a  political  committee,  as  defined  In  this  act, 
who  shall  wilfully  fail,  neglect  or  refuse  to  make  out,  verify  and  file  with 
the  clerk  of  the  county  court  the  statement  required  in  this  act  shall  be 
guilty  of  a  misdemeanor  and  upon  conviction  shall  be  fined  not  less  than 
one  hundred  dollars  nor  more  than  five  hundred  dollars. 

Sec.  16.  Every  treasurer  of  political  committee  and  every  person  who 
shall  receive  any  money  to  be  applied  to  any  of  the  purposes  mentioned  in 
section  ten  of  this  act  who  shall  either: 

First.  Neglect  or  fail  to  keep  a  correct  book  or  books  of  account,  set- 
ting forth  all  the  details  required  to  be  set  forth  in  the  account  and  state- 
ment contemplated  by  this  act,  (except  that  the  book  or  books  need  not  be 
subscribed  or  sworn  to)  with  the  intent  to  conceal  the  receipt  or  disburse- 
ment of  any  such  sum  received  or  disbursed  by  him,  or  by  any  other  per- 
son for  the  purpose  or  object  for  which  the  same  was  received  or  disbursed 
or  conceal  the  fact  that  there  is  any  unpaid  obligation  of  such  treasurer 
of  such  committee,  or  the  nature  or  amount  thereof,  or  to  whom  owing  in 
detail;  or. 

Second.  Mutilate,  deface  or  destroy  any  such  book  or  books  of  account 
with  intent  to  conceal  the  fact  by  such  book  or  books,  shall  be  guilty  of  a 
misdemeanor  and  upon  conviction  shall  be  fined  not  less  than  one  hundred 
dollars  nor  more  than  five  hundred  dollars. 

Sec.  17.  No  life  or  fire  insurance  company,  railroad,  telegraph,  express, 
telephone,  coal,  oil,  gas  company,  or  any  other  corporatiofi  or  joint  stock 
company  or  association,  shall  directly  or  indirectly,  give  or  offer  to  give, 
contribute  or  offer  to  contribute,  any  money,  or  other  thing  of  value  or 
profit  to  any  candidate  for  nomination  for,  or  election  to  any  office  em- 
braced within  this  act,  and  any  violation  hereof  shall  be  a  misdemeanor 
and  upon  conviction  thereof  such  life,  or  fire  insurance  company,  railroad, 
telegraph,  express,  telephone,  coal,  oil  or  gas  company  of  other  corpora- 
tion, shall  be  fined  not  exceeding  one  thousand  dollars. 

Sec.  18.  Any  violation  of  any  of  the  provisions  of  this  act  the  penalty 
for  which  is  not  herein  specifically  provided  for,  shall  be  deemed  a  mis- 
demeanor, and  shall  be  upon  conviction,  punished  with  a  fine  of  not  to 
exceed  one  hundred  dollars. 

Sec.  19.  The  judges  of  all  circuit  and  criminal  courts  in  this  state  shall 
give  this  act  in  charge  to  all  grand  juries  empaneled  in  their  respectiye 
courts. 


50  Elections  by  the  People. 

Sec.  20.     All  acts  or  parts  of  acts  inconsistent  with  this  act  are  hereby- 
repealed. 


CHAPTER  18,  ACTS  1908 

AN  ACT  limiting  the  time  within  which  certain  offenses  may  be  punished. 
Be  it  enacted  "by  the  Legislature  of  West  Virginia: 

Sec.  1.  No  prosecution  shall  be  had  for  any  violation  of  the  laws  con- 
cerning elections  by  the  people,  or  of  the  laws  concerning  offenses  relating 
to  elections,  or  of  the  laws  relating  to  the  nomination  of  candidates  for 
public  office,  unless  indictment  be  found,  or  presentment  be  made,  or  prose- 
cution be  begun  for  the  offense  within  one  year  after  the  same  was  commit- 
ted. 


GenereJ  Laws  Relating  to  Elections. 

Betting  on  Elections. 

If  any  person  bet  or  wager  money  or  other  thing  of  value  on  any  elec- 
tion held  in  this  State,  he  shall  forfeit  the  value  of  such  money  or  other 
thing  and  fifty  dollars  in  addition  thereto  for  every  such  offense. — Sec. 
151,  Code  1906. 

Treating  Voters. 

If  any  person  who  is  a  candidate  for  any  office  under  the  constitution  and 
laws  of  this  state  shall,  himself  or  by  another  offer  to,  give  or  distribute 
among  the  voters  any  intoxicating  drink  on  the  day  of  the  election,  he 
shall,  if  elected,  forfeit  his  office  and  on  proof  of  the  fact  be  removed  there- 
from. And  if  any  person,  whether  a  candidate  or  not,  offer,  give  or  dis- 
tribute any  intoxicating  drink  to  any  voter  on  the  day  of  an  election,  he 
shall  forfeit  not  less  than  ten  nor  more  than  fifty  dollars.— Sec.  152,  Code 
1906. 

Places  Where  Intoxicating  Drinks  are  Sold  to  be  Kept  Closed  on  Day  of 
Election. — Selling  or  offering  Liquors  for  Sale,  Etc. 

Every  place  at  which  intoxicating  liquors  are  sold,  shall  be  kept  closed 
on  the  day  of  election,  and  if  any  person  (whether  licensed  to  sell  intoxi- 
cating liquors  or  not)  shall,  on  the  day  of  election,  sell  or  offer,  or  expose 
for  sale  such  liquors,  or  shall  on  said  day  at  any  time  keep  open  any  place 
in  his  possession  or  under  his  control,  where  such  liquors  are  usually  sold, 
or  shall  permit  any  person  to  drink  any  intoxicating  liquor  on  the  day  of 
an  election,  at  any  place  in  his  possession  at  or  under  his  control,  he  shall 
be  guilty  of  a  misdemeanor,  and  fined  not  less  than  fifty  nor  more  than 


Elections  by  the  People.  51 

one  hundred  dollars  for  every  such  offense.  Provided,  That  this  section 
shall  not  be  so  construed  as  to  require  any  person  licensed  to  sell  intoxicat- 
ing liquors  who  is  engaged  in  any  other  business  in  connection  therewith, 
to  close  his  place  of  business  as  aforesaid,  except  the  part  thereof  in  which 
such  liquors  are  usually  sold. — Sec.  153,  Code  1906. 

Drunkenness  at  or  Near  the  Place  of  Election. 

If  any  person  be  drunk  at  or  near  the  place  of  holding  an  election  on  the 
day  the  same  is  held,  he  shall  be  guilty  of  a  misdemeanor  and  fined  not 
less  than  ten  nor  more  than  fifty  dollars,  and  shall,  moreover,  be  required 
to  give  security  for  his  good  behavior  for  six  months.  If  he  fail  to  give 
such  security,  he  shall  be  imprisoned  not  less  than  five  nor  more  than 
twenty  days. — Sec.  154,  Ck)de  1906. 

Manner  of  Contesting  Elections  to  County  and  District  Ofjlcers. 

A  person  intending  to  contest  the  election  of  another  to  any  county  or 
district  office,  shall,  within  ten  days  after  the  result  of  the  election  is 
declared,  give  him  notice  in  writing  of  such  intention,  and  a  list  of  the 
votes  he  will  dispute,  with  the  objections  to  each,  and  of  the  votes  rejected 
for  which  he  will  contend.  If  the  contestant  object  to  the  legality  of  the 
election,  or  the  qualification  of  the  person  returned  as  elected,  the  notica 
shall  set  forth  the  facts  on  which  such  objection  is  founded.  The  person 
whose  election  is  so  contested  shall,  within  ten  days  after  receiving  such 
notice,  deliver  to  the  contestant  a  like  list  of  the  votes  he  will  dispute, 
with  his  objections  to  each,  and  of  the  rejected  votes  for  which  he  will  con- 
tend; and  if  he  has  any  objection  to  the  qualification  of  the  contestant,  he 
shall  specify  in  writing  the  facts  on  which  the  objection  is  founded.  Each 
party  shall  append  to  his  notice  his  affidavit  that  he  verily  believes  th»* 
matters  and  things  therein  set  forth  to  be  true. — Sec.  159,  Code  1906. 

Penalties  for  Violating  the  Registration  Laws. 

If  any  person  swear  falsely,  or  make  a  false  affidavit  pertaining  to  the 
registration  of  his  vote  or  the  vote  of  another,  he  shall  be  guilty  of  perjury, 
and  on  conviction  thereof  shall  be  confined  in  the  pententiary  of  this  state 
for  not  more  than  three  years;  and  if  any  officer  of  registration  or  other 
officer  shall  register  or  cause  to  be  registered  any  person  who  is  not  entitled 
to  be  registered  or  refuse  to  register  any  person  who  is  entitled  to  be 
registered  knowing  the  same  to  be  true,  shall  be  guilty  of  felony,  and  on 
conviction  thereof,  shall  be  confined  in  the  penitentiary  for  not  more  than 
two  years. 

The  affidavits  taken  by  election  commissioners,  or  others  authorized  to 
administer  oaths,  of  persons  desiring  to  be  registered  shall  be  preserved 
as  other  affidavits  taken  by  them  and  delivered  in  the  same  manner  to  the 
clerk  of  the  circuit  court  of  their  county,  who  shall  present  them  to  the 
grand  jury  of  his  county  for  investigation. — Sec.  117,  Code  1906. 


52  Elections  by  the  People. 


Instructions  to  Grand  Jury  as  to  Elections. 

It  shall  be  the  duty  of  the  judge  of  every  court,  in  which  a  grand  jury 
is  empaneled,  to  give  thereto  instructions  in  regard  to  elections  as  the 
court  deems  advisable. — Sec.  118,  Code  1906. 

Receiving  Bril)e. 

If  any  voter,  directly  or  indirectly,  by  himself  or  through  any  other 
person,  receives,  agrees,  or  contracts  for,  before,  during  or  after  the  elec- 
tion, any  money,  gift,  loan  or  other  valuable  consideration,  oflSce,  place  of 
employment,  for  himself  or  any  other  person,  for  voting  or  agreeing  to 
vote,  or  for  refraining  or  agreeing  to  refrain  from  voting  at  any  election,  or 
for  not  voting  or  agreeing  to  vote,  or  refraining  or  agreeing  to  refrain  from 
voting  for  any  particular  person  or  persons,  or  proposition  or  question  at 
any  election,  shall  be  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  be  disfranchised  for  not  more  than  ten  years,  for  the  first  offense. 
and  for  a  second  offense  he  shall  be  disfranchised  during  life.  Any  voter 
asking  or  soliciting  money  from  any  candidate,  before  any  primary  or  gen- 
eral election,  shall  be  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  be  fined  not  less  than  twenty-five  nor  more  than  fifty  dollars  and,  upon 
failure  to  pay  said  fine,  shall  be  confined  in  the  county  jail  not  to  exceed 
sixty  days.— Sec.  119,  Code  1906. 

Elections  to  Fill  Vacancies. 

Elections  to  fill  vacancies  shall  be  for  the  unexpired  term;  and  shall 
be  held  at  the  same  places  as  other  elections  and  superintended,  conducted 
and  returned,  and  the  result  ascertained,  certified  and  declared  in  the  same 
manner  and  by  the  same  officers;  and  the  persons  elected,  having  first  duly 
qualified,  shall  enter  upon  the  duties  of  their  respective  offices. — (Sec.  120, 
Code  1906.) 


Elections  by  thet  PEotLte.  53 


APPENDIX, 


Laws  That  May  be  Made  Effective  by  a  Majority 
Vote  in  Any  County. 

Certain  laws  such  as  the  Skunk  law;  Dog  tax  law,  and  Stock  law  are  in 
force  only  in  the  counties  which  have  adopted  same  by  a  majority  vote  of 
the  qualified  voters.  In  counties  where  any  or  all  the  aforesaid  laws  are 
now  in  force  and  there  is  demand  on  the  part  of  the  people  to  rescind  same 
or  where  they  are  not  in  force  and  it  is  desired  to  ascertain  the  sense  of 
the  voters  as  to  their  adoption,  a  vote  upon  the  question  may  be  taken  at 
any  regular  election,  provided  a  sufficient  number  of  legal  voters  of  the 
county  petition  the  county  court  for  such  action. 

A  petition  to  secure  a  vote  on  the  ''Skunk  or  pole  cat  law"  must  be  sign* 
ed  by  at  least  100  legal  voters.— Sec.  2803,  Code  1906. 

For  a  vote  on  the  "Dog  tax  law"  at  least  ten  per  cent  of  the  legal  voters. 
(Acts  Extra  Session,  1908,  chap.  29.) 

For  a  vote  on  the  "Stock  law,"  50  voters  in  a  district,  or  part  of  a  dis- 
trict, may  petition  and  the  law  may  be  made  applicable  to  such  district  or 
part  of  a  district  where  such  part  is  "divided  by  a  river."  (Acts  1907, 
chap.  44.) 

To  Vote  to  Extend  School  Term. 

For  a  vote  in  a  district  upon  the  question  of  "having  more  than  six 
months  school"  50  taxpayers  or  more  may  petition  the  Board  of  EJduca- 
tion  of  such  district,  (Acts  1908,  chap.  27,  sec.  27.) 

In  submitting  such  questions  the  proper  authorities  shall  cause  to  be 
printed  upon  the  ballots  used  the  words, 

"For  dog  tax  law." 

"Against  dog  tax  law." 

or 

For  months  school. 

Against months  school. 

(And  in  a  similar  manner  for  other  laws.) 

What  Constitutes  Residence. 

I.  That  place  shall  be  considered  the  residence  of  a  person  in  which 
his  habitation  is  fixed,  and  to  which,  whenever  he  is  absent,  he  has  the 
intention  of  returning. 

ir.  A  person  shall  not  be  considered  to  have  lost  his  residence  who 
leaves  his  home  and  goes  into  another  state  or  county  of  this  state,  for 
temporary  purposes,  with  the  intention  of  returning. 

III.    A  person  shall  not  be  considered  to  have  gained  a  residence  in  any 


54  E]>ECTIONS  BY  THE  PEOPLE. 


county  of  this  state  into  which  he  comes  for  temporary  purposes,  without 
the  intention  of  making  such  county  his  permanent  home. 

IV.  If  a  person  move  into  another  state,  with  the  intention  to  make  it 
his  permanent  residence,  he  shall  be  considered  to  have  lost  his  residence 
in  this  state. 

V.  The  mere  intention  to  acquire  a  new  residence,  without  removal, 
shall  not  constitute  non-residence,  neither  shall  the  removal,  without  the 
intention  to  acquire  a  new  residence,  constitute  non-residence. 

VI.  If  a  person  go  into  another  state,  and  while  there  exercise  the  right 
of  a  citizen  by  voting,  he  shall  be  considered  to  have  lost  his  residence  in 
this  state.— (Acts  1891,  ch.  89;  Acts  1905,  ch.  43.) 


Gaylord 

Bros. 

Makers 

S^-raciise, 

N.  V 

PAT.  JAN.  21 

,  1908 

2i)-6/81 


CO 


'J/<  /■963 


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